Final Senate Action on U.S. Circuit and District Court Nominations During a President’s Eighth Year in Office

Summary

This report, in light of continued Senate interest in the judicial confirmation process during a President’s final year in office, provides statistics related to Senate action on U.S. circuit and district court nominations during the eighth year of the George W. Bush, Clinton, and Reagan presidencies. The eighth year of a presidency is significant, in part, because it is the final opportunity for a President to appoint individuals as U.S. circuit and district court judges. Such judges have what effectively has come to mean life tenure, holding office “during good Behaviour.”

For the purposes of this report, final Senate action occurs either when the Senate confirms a nomination during a President’s eighth year or when a nomination is returned to the President during his eighth year (and not resubmitted and ultimately approved by the Senate).

Some of the report’s findings include the following:

Of the three presidencies, the number of U.S. circuit court nominees confirmed during the eighth year ranged from a low of 4 (during the Bush presidency) to a high of 8 (during the Clinton presidency).

The number of circuit court nominations not approved by the Senate and returned at the end of a President’s eighth year in office ranged from a low of 9 (during the Reagan presidency) to a high of 18 during the Clinton presidency.

Fewer than half of all circuit court nominations on which the Senate acted during a President’s eighth year in office were confirmed by the Senate—specifically, 23.5%, 30.8%, and 43.7% were confirmed during the eighth year of the Bush, Clinton, and Reagan presidencies, respectively.

Each of the three Presidents had at least one circuit court nomination made for the first time during his eighth year in office that was also approved by the Senate during his eighth year.

During each President’s eighth year in office, there was at least one month in which the Senate confirmed two or more of a President’s circuit court nominees.

For the two most recent Presidents in the comparison group, Bush and Clinton, there were no circuit court nominees approved by the Senate after June or July, respectively, of each President’s eighth year in office.

Of the three presidencies, the number of U.S. district court nominees confirmed during the eighth year ranged from a low of 24 (during the Bush presidency) to a high of 33 (during the Reagan presidency).

The number of district court nominations not approved by the Senate and returned at the end of a President’s eighth year in office ranged from a low of 12 during the Reagan presidency to a high of 25 (during the Clinton presidency).

A majority of district court nominations that received final action during each President’s eighth year in office were confirmed by the Senate—specifically, 54.5%, 55.4%, and 73.3% were confirmed during the eighth year of the Bush, Clinton, and Reagan presidencies, respectively.

During each President’s eighth year in office, there were at least two months in which the Senate confirmed more than five district court nominees each month.

Senate confirmation of district court nominations extended into the final three or four months of each presidency.