George W. Bush Judicial Appointment Controversies - List of Stalled, Blocked or Filibustered Nominees

List of Stalled, Blocked or Filibustered Nominees

• United States Court of Appeals for the First Circuit
  • Rhode Island seat vacated by Bruce M. Selya - William E. Smith (judgeship later filled by Obama nominee O. Rogeriee Thompson)

• United States Court of Appeals for the Second Circuit
  • New York seat vacated by John M. Walker, Jr. - Debra Ann Livingston (Livingston was nominated by President Bush in June 2006 but not allowed to be confirmed by Senate Democrats until May 2007)
  • New York seat vacated by Chester J. Straub - Loretta A. Preska (judgeship later filled by Obama nominee Gerard E. Lynch)

• United States Court of Appeals for the Third Circuit
  • New Jersey seat vacated by Samuel Alito - Shalom D. Stone (judgeship later filled by Obama nominee Joseph A. Greenaway, Jr.)
  • Pennsylvania seat vacated by Franklin Stuart Van Antwerpen - Gene E. K. Pratter, followed by Paul S. Diamond (judgeship later filled by Obama nominee Thomas I. Vanaskie)

• United States Court of Appeals for the Fourth Circuit
  • Maryland seat vacated by Francis D. Murnaghan, Jr. - Claude Allen, followed by Rod J. Rosenstein (judgeship later filled by Obama nominee Andre M. Davis)
  • North Carolina seat vacated by James Dickson Phillips, Jr. - Terrence Boyle, followed by Robert J. Conrad (Boyle was nominated by President Bush in May 2001. After waiting six years, President Bush withdrew his nomination January 2007, making this 2001-2007 nomination the longest court of appeals nomination never processed by the Senate; Robert Conrad was nominated July 2007, but the Senate Democrats refused to process his nomination during the Democratic 110th Congress; judgeship later filled by Obama nominee James A. Wynn, Jr.)
  • South Carolina seat vacated by William Walter Wilkins - Steve A. Matthews (judgeship later filled by North Carolina Obama nominee Albert Diaz)
  • Virginia seat vacated by H. Emory Widener - William J. Haynes, II, followed by E. Duncan Getchell, followed by Glen E. Conrad (judgeship later filled by Obama nominee Barbara Milano Keenan)

• United States Court of Appeals for the Fifth Circuit
  • Mississippi seat, converted from a Louisiana seat vacated by Henry Anthony Politz - Charles W. Pickering, followed by Michael B. Wallace, followed by Leslie H. Southwick (Pickering was filibustered by Senate Democrats and eventually withdrew his nomination; there was so much Democratic resistance to Wallace's nomination that it too was withdrawn; and Southwick was only confirmed due to the efforts of Democratic senator Dianne Feinstein)
  • Texas seat vacated by William Lockhart Garwood - Priscilla Owen (Owen was filibustered by Senate Democrats and only allowed to be confirmed under the terms of the Gang of 14 Deal)

• United States Court of Appeals for the Sixth Circuit
  • Michigan seat vacated by James L. Ryan - Henry Saad, followed by Raymond Kethledge (Saad was filibustered by Senate Democrats; Kethledge was only confirmed after a deal in which failed Clinton nominee Helene White was allowed to replace Bush nominee Stephen J. Murphy III as a Sixth Circuit nominee)
  • Michigan seat vacated by Richard Suhrheinrich - David W. McKeague (McKeague was filibustered by Senate Democrats and only allowed to be confirmed under the terms of the Gang of 14 Deal)
  • Michigan seat vacated by Damon Keith - Richard Allen Griffin (Griffin was filibustered by Senate Democrats and only allowed to be confirmed under the terms of the Gang of 14 Deal)
  • Michigan seat vacated by Cornelia Groefsema Kennedy - Susan Bieke Neilson, followed by Stephen J. Murphy III, followed by failed Clinton nominee Helene White (Neilson was only confirmed three months prior to her death after a four-year battle over her nomination; Murphy's nomination was replaced by that of failed Clinton nominee Helene White at the behest of Democratic Michigan senator Carl Levin)
  • Ohio seat vacated by David Aldrich Nelson - Jeffrey S. Sutton (Senate Democrats refused to process his nomination during the Democratic 107th Congress and he was only confirmed once Republicans assumed control of the house in 2003)
  • Ohio seat vacated by Alan Norris - Deborah L. Cook (Senate Democrats refused to process her nomination during the Democratic 107th Congress and she was only confirmed once Republicans assumed control of the house in 2003)

• United States Court of Appeals for the Seventh Circuit
  • Indiana seat vacated by Kenneth F. Ripple - Philip P. Simon (judgeship later filled by Obama nominee David Hamilton)

• United States Court of Appeals for the Ninth Circuit
  • California seat vacated by James R. Browning - Carolyn Kuhl (Kuhl was filibustered by Senate Democrats and eventually withdrew her nomination; judgeship later filled by Bush nominee Sandra Segal Ikuta)
  • California seat vacated by Stephen S. Trott - N. Randy Smith (judgeship still open; Smith was later confirmed to the Ninth Circuit when he was renominated for an Idaho seat)
  • Idaho seat vacated by Thomas G. Nelson - William Gerry Myers III (Myers was filibustered by Senate Democrats; judgeship later filled by Bush nominee N. Randy Smith)

• United States Court of Appeals for the Tenth Circuit
  • Oklahoma seat vacated by Stephanie Kulp Seymour - James H. Payne, followed by Jerome A. Holmes (Payne withdrew his nomination after allegations made by liberal organizations created the appearance of "extraordinary circumstances" which would not have allowed his confirmation under the terms of the Gang of 14 Deal; judgeship later filled by Bush nominee Jerome A. Holmes)

• United States Court of Appeals for the Eleventh Circuit
  • Alabama seat vacated by Emmett Ripley Cox - William H. Steele, followed by William H. Pryor (Senate Democrats refused to process Steele's nomination during the Democratic 107th Congress and his nomination was withdrawn; Pryor was filibustered by Senate Democrats and was only allowed to be confirmed under the terms of the Gang of 14 Deal)

• United States Court of Appeals for the District of Columbia
  • Miguel Estrada, to seat vacated by Patricia Wald (Estrada was nominated May 2001, but was filibustered by Senate Democrats and withdrew his nomination after waiting over two years in September 2003; judgeship later filled by Bush nominee Thomas B. Griffith, who was only allowed to be confirmed under the terms of the Gang of 14 Deal)
  • John Roberts, to seat vacated by James L. Buckley (Senate Democrats refused to process his nomination during the Democratic 107th Congress and he was only confirmed once Republicans assumed control of the Senate in 2003)
  • Janice Rogers Brown, to seat vacated by Stephen F. Williams (Brown was filibustered by Senate Democrats and was only allowed to be confirmed under the terms of the Gang of 14 Deal)
  • Brett Kavanaugh, to seat vacated by Laurence Silberman (Kavanaugh was initially stalled by Senate Democrats and was only allowed to be confirmed under the terms of the Gang of 14 Deal)
  • Peter Keisler, to seat vacated by John Roberts (President Bush nominated him June 2006, but Senate Democrats refused to process his nomination during the 109th and Democratic 110th Congress; judgeship still open)