U.S. President Barack Obama nominated over 400 individuals for federal judgeships during his presidency. Of these nominations, Congress confirmed 329 judgeships, 173 during the 111th & 112th Congresses and 156 during the 113th and 114th Congresses.
Republicans successfully blocked some confirmations, either by filibuster or voting against cloture, even while the Democratic caucus held a Senate majority (2009–2015). Senator Chuck Grassley, then-ranking Republican on the judiciary, said that more nominees could have been considered if not for the January 2012 National Labor Relations Board recess appointments; the Supreme Court later unanimously ruled these January 2012 appointments illegal in NLRB v. Noel Canning.
In response, Senate Majority Leader Harry Reid invoked the so-called parliamentary nuclear option on November 21, 2013, which changed the Senate's confirmation threshold for all executive nominees except for the Supreme Court. While Senate confirmations of Obama judicial nominees rose in 2014 following the "nuclear option," the greatest number of rejection of Obama nominees occurred following the 2014 United States Senate elections, where the Republicans gained nine seats and majority control of the chamber. Obama ultimately nominated 70 individuals for 104 different federal judgeships during this Congress, with 20 confirmations.
With the death of Antonin Scalia in February 2016 in the beginning of a presidential election year, the Republican majority in the Senate made it their stated policy to refuse to consider any nominee to the Supreme Court, arguing that the next president should be the one to appoint Scalia's replacement. Obama nominated Merrick Garland for the open Supreme Court seat, but the Senate did not consider the nomination.
List of unsuccessful federal judicial nominations Obama made 80 nominations for federal judgeships that were not confirmed by the Senate. Of these, 7 were withdrawn by Obama, while the other 73 expired at an adjournment of the Senate, including 54 that were pending at the close of the 114th Congress. As of December 4, 2023, 23 of his unsuccessful nominees had been nominated to federal judgeships by subsequent presidents, with 22 of them having been confirmed. NomineeCourtNominationdateDate offinal actionFinal actionSubsequent federal judicial nominationsSeat filled byRef.Supreme CourtSCOTUSreturned to the president Neil GorsuchCourts of appeals2nd Cir.returned to the president Christopher F. Droney9th Cir.withdrawn by Pres. ObamaJacqueline NguyenFed. Cir.withdrawn by Pres. ObamaRichard G. Taranto7th Cir.returned to the presidentMichael B. BrennanD.C. Cir.withdrawn by Pres. ObamaPatricia Millett10th Cir.returned to the presidentNancy Moritz7th Cir.returned to the presidentMichael B. Brennan7th Cir.returned to the presidentAmy Coney Barrett8th Cir.returned to the presidentRalph R. Erickson11th Cir.returned to the presidentKevin Newsom9th Cir.returned to the president9th Cir. Daniel P. Collins3rd Cir.returned to the president Stephanos Bibas6th Cir.returned to the presidentAmul ThaparDistrict courtsW.D. Wis.returned to the president James D. PetersonD. Md.withdrawn by Pres. ObamaGeorge L. Russell IIIW.D.N.Y.returned to the presidentFrank P. Geraci Jr.N.D. Ga.returned to the presidentMark Howard CohenN.D. Ga.returned to the presidentLeigh Martin MayN.D. Okla.returned to the presidentJohn E. DowdellD. Nev.withdrawn by Pres. ObamaRichard Boulware IIS.D. Fla.returned to the presidentRobin L. RosenbergE.D.N.C.returned to the presidentRichard E. Myers IID.S.C.withdrawn by Pres. ObamaA. Marvin Quattlebaum Jr.N.D. Ga.returned to the presidentMichael Lawrence BrownS.D. Fla.returned to the presidentRodney SmithD.N.J.returned to the presidentD.N.J. Evelyn PadinW.D. Tenn.returned to the president Tommy ParkerC.D. Cal.returned to the presidentStanley BlumenfeldW.D. Pa.returned to the presidentW.D. Pa. HerselfD. Mass.returned to the president Angel KelleyE.D.N.Y.returned to the presidentE.D.N.Y. HimselfW.D. Pa.returned to the presidentW.D. Pa. Marilyn HoranW.D. Pa.returned to the presidentW.D. Pa. Peter J. PhippsN.D. Ga.returned to the president Michael Lawrence BrownE.D. Pa.returned to the presidentE.D. Pa. HimselfD. Haw.returned to the president Jill OtakeD. Md.returned to the presidentD. Md. HerselfD.R.I.returned to the presidentD.R.I. HerselfC.D. Cal.returned to the president John W. HolcombW.D. Okla.returned to the presidentPatrick WyrickW.D. Okla.returned to the presidentW.D. Okla. HimselfD. Utahreturned to the president Howard C. Nielson Jr.S.D. Ind.returned to the presidentJames R. Sweeney IID. Kan.returned to the presidentHolly TeeterW.D. La.returned to the presidentMichael J. JuneauE.D. La.returned to the presidentBarry AsheD.S.C.returned to the presidentA. Marvin Quattlebaum Jr.D.S.C.returned to the presidentD.S.C. HimselfW.D. Tex.returned to the presidentW.D. Tex. HimselfN.D. Tex.returned to the president James Wesley HendrixN.D. Tex.returned to the presidentN.D. Tex. Karen Gren ScholerN.D. Tex.returned to the president 5th Cir. Ada BrownE.D. Tex.returned to the presidentN.D. Tex. Sean D. JordanW.D.N.Y.returned to the president John SinatraD. Idahoreturned to the presidentD. Idaho HimselfW.D. Wash.returned to the president Lauren J. KingW.D. Wash.returned to the presidentJohn H. ChunW.D. Wash.returned to the president Tana LinM.D. Fla.returned to the president Wendy BergerD.D.C.returned to the presidentD.D.C. Carl J. NicholsM.D. Fla.returned to the presidentM.D. Fla. HimselfN.D. Fla.returned to the president T. Kent Wetherell IID.D.C.returned to the presidentD.D.C. D.C. Cir. Dabney L. FriedrichD. Colo.returned to the presidentD. Colo. Daniel D. DomenicoE.D.N.C.returned to the president Richard E. Myers IID. Nev.returned to the presidentD. Nev. HerselfD.D.C.returned to the president Timothy J. KellyE.D.N.Y.returned to the presidentE.D.N.Y. HerselfCourt of International TradeIntl. Tradereturned to the president M. Miller BakerIntl. Tradereturned to the presidentTimothy M. ReifArticle I courtsVet. Cl.withdrawn by Pres. Obama Margaret BartleyFed. Cl.returned to the presidentRyan T. HolteFed. Cl.returned to the presidentDavid A. TappFed. Cl.returned to the presidentFed. Cl. HimselfFed. Cl.returned to the president Matthew H. SolomsonFed. Cl.returned to the presidentRichard HertlingT.C.returned to the presidentT.C. Patrick J. UrdaT.C.returned to the president Elizabeth A. CopelandArticle IV courtsD. Guamreturned to the president TBD
Nomination of Merrick Garland to the Supreme Court
Following the death of Associate Justice of the Supreme Court Antonin Scalia in February 2016, President Obama nominated Merrick Garland to fill Scalia's seat on the Supreme Court. At the time of his nomination, Garland was the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit. Scalia's death led to an unusual situation in which a Democratic president had the opportunity to appoint a Supreme Court nominee while the Republicans controlled the United States Senate; before Scalia's death; such a situation last occurred when a Senate Republican majority confirmed Grover Cleveland's nomination of Rufus Wheeler Peckham in 1895. While Garland himself was not personally controversial, Scalia was considered one of the more conservative members of the Supreme Court. Political and legal commentators noted that a more liberal replacement could shift the Court's ideological balance for many years into the future, as the confirmation of Garland would have given Democratic appointees a majority on the Supreme Court for the first time since the Harry Blackmun's confirmation in 1970.
Following Scalia's death, Republican Senate leaders announced that they did not plan to consider any Supreme Court nomination during the president's last year in office, citing the upcoming 2016 United States presidential election.Levy, Gabrielle. "Even GOP Voters Think Senate Should Confirm SCOTUS Nominee" , U.S. News & World Report (March 31, 2016): "Because Obama has less than a year left in his term, McConnell said, he should not get to make a lifetime appointment..." Senate Democrats argued that there was sufficient time to vote on a nominee before the election. Garland's nomination ultimately expired on January 3, 2017, with the end of the 114th Congress. The nomination remained before the Senate for 293 days,Jess Bravin, President Obama's Supreme Court Nomination of Merrick Garland Expires , The Wall Street Journal (January 3, 2017). the longest such nomination in American history Supreme Court nomination.
On January 31, 2017, President Donald Trump announced his selection of Judge Neil Gorsuch for the open Supreme Court seat. Gorsuch was confirmed on April 7, 2017, by a Republican-majority Senate, 54–45 and sworn in on April 10, 2017.
Failed, stalled or filibustered appellate nominations
Failed nominations United States Court of Appeals for the Second Circuit Robert Chatigny (of Connecticut), to seat vacated by Guido Calabresi: during the 111th Congress, Connecticut Senator Chris Dodd recommended Chatigny for a judgeship on the Second Circuit, and he was nominated by President Obama on February 24, 2010. Critics of Chatigny's nomination highlighted his controversial performance during the trial of serial killer Michael Bruce Ross, for whom Chatigny granted a temporary stay of execution. In addition, opponents cited a 2001 ruling declaring that a sex offender registration system violated a convict's civil rights and right to privacy, a ruling that drew bipartisan condemnation. His nomination was returned by the Senate on August 5, 2010, and Dodd, his main sponsor, did not seek reelection to the U.S. Senate that year. Chatigny removed his name from consideration and was not renominated. Obama ultimately chose U.S. District Judge Christopher F. Droney to fill the seat, and the Senate confirmed Droney without opposition on November 28, 2011. United States Court of Appeals for the Ninth Circuit Goodwin Liu (of California), to newly created seat: Liu was nominated on February 24, 2010. His nomination was returned by the Senate on August 5, 2010.Bob Egelko, Republicans block Bay Area judicial nominees, San Francisco Chronicle (August 7, 2010). Liu had faced opposition from Republicans who described him as an "extreme liberal" because of his outspoken support of same-sex marriage and affirmative action, and his 2008 article advocating for Constitutional protection of welfare benefits. He was also denounced for his personal criticism of the Supreme Court nominations of John Roberts and Samuel Alito,An Exceptional Nominee , The New York Times (March 27, 2010). and his consideration as a possible Supreme Court candidate. Liu was renominated at the start of the 112th Congress. On May 17, 2011, Senate Majority Leader Harry Reid filed for cloture on Liu's nomination, with 60 votes needed to proceed to a floor vote on Liu's nomination; the cloture motion attracted only 52 of the 60 aye votes required. On May 25, 2011, Liu wrote to Obama requesting that his nomination be withdrawn due to the improbability that he would receive a floor vote.Letter to President Obama , University of California (May 25, 2011). On July 26, 2011, Governor Jerry Brown nominated Liu to a seat on the Supreme Court of California, and he was sworn in on September 1, 2011. Obama nominated U.S. District Judge Jacqueline Nguyen to the Ninth Circuit seat to which Liu had been nominated, and the Senate confirmed her without opposition on May 7, 2012. United States Court of Appeals for the Federal Circuit