During George H. W. Bush's term in office as the president of the United States of America, he nominated 11 individuals for 10 different federal appellate judgeships who were not processed by the Democratic-controlled Senate Judiciary Committee.Congressional Chronicle , C-SPAN (March 7, 2000). The Republicans claim that Senate Democrats of the 102nd Congress on purpose tried to keep open particular judgeships as a political maneuver to allow a future Democratic president to fill them. All 10 of the judgeships were eventually filled with Clinton nominees, although one nominee, Roger Gregory, was nominated by Clinton and then renominated by President George W. Bush. None of the nominees were nominated after July 1, 1992, the traditional start date of the unofficial Thurmond Rule during a presidential election year. Senator Orrin Hatch, the Republican leader of the Senate Judiciary Committee during the 106th Congress mentioned the controversy over President George H.W. Bush's court of appeals nominees during the following controversy involving the confirmation of any more Democratic court of appeals nominees during the last two years of President Bill Clinton's second term.https://bulk.resource.org/gpo.gov/record/2000/2000_S10236.pdf

List of unsuccessful federal judicial nominations Bush made 56 nominations for federal judgeships that were not confirmed by the Senate. All 56 expired at an adjournment of the Senate, including 53 that were pending at the close of the 102nd Congress. Twenty of his unsuccessful nominees were subsequently nominated to federal judgeships by other presidents, and 18 of them were confirmed. NomineeCourtNominationdateDate offinal actionFinal actionSubsequent federal judicial nominationsSeat filled byRef.Courts of appeals11th Cir.returned to the president Rosemary Barkett3rd Cir.returned to the presidentH. Lee Sarokin3rd Cir.returned to the president3rd Cir. Theodore McKee4th Cir.returned to the president Roger Gregory4th Cir.returned to the president4th Cir. Diana Gribbon Motz10th Cir.returned to the president Carlos F. Lucero5th Cir.returned to the presidentFortunato BenavidesD.C. Cir.returned to the presidentD.C. Cir. SCOTUS Chief Justice Judith W. Rogers6th Cir.returned to the president Martha Craig Daughtrey11th Cir.returned to the presidentRosemary Barkett6th Cir.returned to the presidentKaren Nelson MooreDistrict courtsW.D. Pa.returned to the president Donetta AmbroseN.D.N.Y.returned to the presidentRosemary S. PoolerS.D. Fla.returned to the presidentWilkie D. FergusonS.D.N.Y.returned to the presidentAllen G. SchwartzN.D. Okla.returned to the presidentTerence C. KernN.D. Cal.returned to the president9th Cir. Claudia Ann WilkenS.D. Ga.returned to the president William Theodore Moore Jr.E.D.N.Y.returned to the presidentE.D.N.Y. HimselfW.D. Tex.returned to the president Samuel Frederick Biery Jr.N.D. Ohioreturned to the presidentJames G. CarrW.D. Tex.returned to the presidentWilliam Royal Furgeson Jr.S.D.N.Y.returned to the presidentDeborah BattsC.D. Cal.returned to the presidentC.D. Cal. Audrey B. CollinsE.D. Mo.returned to the president Charles Alexander ShawS.D. Tex.returned to the presidentS.D. Tex. Janis Graham JackS.D. Tex.returned to the president Vanessa GilmoreC.D. Cal.returned to the presidentC.D. Cal. Richard PaezW.D. Mo.returned to the president Gary A. FennerS.D.N.Y.returned to the presidentDenny ChinE.D. Ark.returned to the presidentBilly Roy WilsonN.D. Ala.returned to the presidentCharles Lynwood Smith Jr.E.D. Va.returned to the presidentLeonie BrinkemaD. Neb.returned to the presidentThomas Michael ShanahanW.D. Wash.returned to the presidentW.D. Wash. Frank BurgessD. Md.returned to the presidentD. Md. Deborah K. ChasanowS.D. Cal.returned to the president Barry Ted MoskowitzE.D. Tex.returned to the presidentE.D. Tex. John H. Hannah Jr.N.D. Ohioreturned to the president Lesley B. WellsN.D. Ga.returned to the presidentFrank M. HullE.D. Mo.returned to the presidentCatherine D. PerryN.D. Ohioreturned to the presidentSolomon Oliver Jr.D. Md.returned to the presidentAlexander Williams Jr.S.D.N.Y.returned to the presidentS.D.N.Y. Harold Baer Jr.D. Nev.returned to the presidentD. Nev. David Warner HagenM.D. Ga.returned to the president Willie Louis SandsE.D.N.Y.returned to the presidentE.D.N.Y. HerselfW.D. La.returned to the president Tucker L. MelanconW.D. Mo.returned to the presidentW.D. Mo. Ortrie D. SmithE.D. Okla.N.D. Okla.W.D. Okla.returned to the presidentE.D./N.D./W.D. Okla. 10th Cir. Michael BurrageD. Mass.returned to the president Richard G. StearnsD. Mass.returned to the presidentD. Mass. Reginald C. LindsayS.D. Fla.returned to the presidentS.D. Fla. Daniel T. K. HurleyE.D. Mich.returned to the president6th Cir. John Corbett O'MearaArticle IV courtsD.V.I.returned to the president Thomas K. MooreD.V.I.returned to the presidentD.V.I. D.V.I. Himself

Failed appellate nominees United States Court of Appeals for the Third Circuit Pennsylvania seat - Franklin Stuart Van Antwerpen (judgeship later filled by Clinton nominee Theodore McKee) (Van Antwerpen later was nominated to a different Third Circuit seat by President George W. Bush in 2003, confirmed in 2004 and assumed senior status in 2006) Pennsylvania seat - Jay Waldman (judgeship later filled by Clinton nominee H. Lee Sarokin) United States Court of Appeals for the Fourth Circuit North Carolina seat - Terrence Boyle (judgeship later filled by Clinton nominee Roger Gregory of Virginia after being renominated by Bush in 2001) (Boyle was renominated to a different seat on the Fourth Circuit by President George W. Bush but was never confirmed) Virginia seat - Lillian BeVier (judgeship later filled by Clinton nominee Diana Jane Gribbon Motz) United States Court of Appeals for the Fifth Circuit Texas seat - Sidney A. Fitzwater (judgeship later filled by Clinton nominee Fortunato Benavides) United States Court of Appeals for the Sixth Circuit Michigan seat - John Smietanka (judgeship later filled by Clinton nominee Martha Craig Daughtrey of Tennessee) Ohio seat - Justin Wilson of Tennessee (judgeship later filled by Clinton nominee Karen Nelson Moore of Ohio, while the then-vacant and newly created Tennessee seat was eventually filled by Clinton nominee Martha Craig Daughtrey) United States Court of Appeals for the Tenth Circuit Oklahoma seat - Frank Keating (judgeship later filled by Clinton nominee Robert Harlan Henry) United States Court of Appeals for the Eleventh Circuit Florida seat - Kenneth Ryskamp, followed by Federico A. Moreno (judgeship later filled by Clinton nominee Rosemary Barkett) United States Court of Appeals for the District of Columbia John Roberts (judgeship later filled by Clinton nominee Judith Ann Wilson Rogers) (Roberts was renominated and confirmed to a different seat on the D.C. Circuit under President George W. Bush; later, he was nominated and confirmed as the Chief Justice of the United States under George W. Bush)

See also George H. W. Bush Supreme Court candidates United States federal judge Judicial appointment history for United States federal courts Deaths of United States federal judges in active service

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