Jimmy Carter judicial appointment controversies
Encyclopedia
During President Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...

's presidency, he nominated four people for four different federal appellate judgeships
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....

 who were not processed by the Democratic-controlled Senate Judiciary Committee before Carter's presidency ended. None of the four nominees were renominated by Carter's successor, President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....

. Three of the nominees who were not processed (Eugene Nickerson
Eugene Nickerson
Eugene Hoffman Nickerson was the Democratic county executive of Nassau County, New York from 1962 until 1970. Nickerson was the only Democrat to be elected county executive in Nassau County until 2001...

, Nicholas Bua
Nicholas John Bua
Nicholas John Bua was a United States federal judge.Born in Chicago, Illinois, Bua was in the United States Army in 1943. He received a J.D. from De Paul University College of Law in 1953. He was in private practice in Chicago, Illinois from 1953 to 1963. He was a Presiding Judge, Melrose Park...

 and Howard F. Sachs
Howard F. Sachs
Howard Frederic Sachs is a United States District Judge on the United States District Court for the Western District of Missouri...

) were nominated after July 1, 1980, the traditional start date of the unofficial Thurmond Rule
Thurmond Rule
The Thurmond Rule is an informal and somewhat amorphous rule of thumb in the United States Senate. While it originated with former Senator Strom Thurmond's opposition to President Lyndon Johnson's nomination of Justice Abe Fortas to be Chief Justice of the Supreme Court in June of 1968, its...

 during a presidential election year. All four seats eventually were filled by appointees of President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....

.

The four nominees were blocked in committee; no committee hearings ever were held for any of the three. The nominees were held up at the same time that in an unprecedented move, the Senate chose to take up Carter's November 13, 1980 nomination—after he already had lost the 1980 presidential election to Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....

 -- of Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....

 to an appellate judgeship on the United States Court of Appeals for the First Circuit
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...

. The Senate wound up confirming Breyer (whom President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

 appointed to the United States Supreme Court in 1994) during the lame-duck session of the 96th Congress the following month. (Breyer's appellate court confirmation in 1980, which was the result of support from both Democrats and Republicans on the Senate Judiciary Committee, often is cited as evidence disproving the existence of the Thurmond Rule.)

During his presidency, Carter also nominated 16 people for 15 different federal district judgeships
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....

 who were never confirmed by the United States Senate.

List of failed appellate nominees

  • United States Court of Appeals for the Second Circuit
    United States Court of Appeals for the Second Circuit
    The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...

    • New York seat - Eugene Nickerson
      Eugene Nickerson
      Eugene Hoffman Nickerson was the Democratic county executive of Nassau County, New York from 1962 until 1970. Nickerson was the only Democrat to be elected county executive in Nassau County until 2001...

       (judgeship later filled by Reagan nominee Lawrence W. Pierce
      Lawrence W. Pierce
      Judge Lawrence Pierce is an American lawyer who served for 24 years as a federal judge.A native of Philadelphia, Pierce attended St. Joseph's University and Fordham Law School. As a lawyer, Pierce worked as a public defender in New York City and then served as an assistant district attorney in...

      )

  • United States Court of Appeals for the Fifth Circuit
    United States Court of Appeals for the Fifth Circuit
    The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...

    • Texas seat - Andrew L. Jefferson, Jr.
      Andrew L. Jefferson, Jr.
      Andrew Leon Thomas Jefferson, Jr. is an American lawyer, a former federal prosecutor, a former Texas judge, and a former federal judicial nominee to the United States Court of Appeals for the Fifth Circuit.-Early life and education:...

       (judgeship later filled by Reagan nominee William Lockhart Garwood
      William Lockhart Garwood
      William Lockhart Garwood was a United States federal judge of the United States Court of Appeals for the Fifth Circuit.Born in Houston, Texas to Wilmer St...

      )

  • United States Court of Appeals for the Seventh Circuit
    United States Court of Appeals for the Seventh Circuit
    The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...

    • Illinois seat - Nicholas Bua
      Nicholas John Bua
      Nicholas John Bua was a United States federal judge.Born in Chicago, Illinois, Bua was in the United States Army in 1943. He received a J.D. from De Paul University College of Law in 1953. He was in private practice in Chicago, Illinois from 1953 to 1963. He was a Presiding Judge, Melrose Park...

       (judgeship later filled by Reagan nominee Richard Posner
      Richard Posner
      Richard Allen Posner is an American jurist, legal theorist, and economist who is currently a judge on the United States Court of Appeals for the Seventh Circuit in Chicago and a Senior Lecturer at the University of Chicago Law School...

      )

  • United States Court of Appeals for the Eighth Circuit
    United States Court of Appeals for the Eighth Circuit
    The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...

    • Missouri seat - Howard F. Sachs
      Howard F. Sachs
      Howard Frederic Sachs is a United States District Judge on the United States District Court for the Western District of Missouri...

       (judgeship later filled by Reagan nominee John R. Gibson
      John R. Gibson
      John R. Gibson is a senior circuit judge on the United States Court of Appeals for the Eighth Circuit.- Early life and education :...

      )

Others who were considered for nomination

In 1978 or 1979, Carter strongly and publicly had considered nominating Joan Krauskopf
Joan Krauskopf
Joan Miday Krauskopf is an American law professor who once was considered as a federal judicial nominee to the United States Court of Appeals for the Eighth Circuit.- Early life and education :...

, then a law professor at the University of Missouri
University of Missouri
The University of Missouri System is a state university system providing centralized administration for four universities, a health care system, an extension program, five research and technology parks, and a publishing press. More than 64,000 students are currently enrolled at its four campuses...

, to a newly created seat on the United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...

. However, Krauskopf received a "not qualified" rating from the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...

 because of an alleged lack of judicial experience. A White House staffer disputed that assertion, noting that the judges on the Eighth Circuit felt Krauskopf's teaching responsibilities had give her the requisite experience to handle the job, and that Krauskopf was thought by some in the ABA to be too liberal. Despite support for her candidacy by Missouri Sen. Thomas Eagleton
Thomas Eagleton
Thomas Francis Eagleton was a United States Senator from Missouri, serving from 1968–1987. He is best remembered for briefly being the Democratic vice presidential nominee under George McGovern in 1972...

, Carter himself, on the recommendation of his attorney general, Griffin Bell
Griffin Bell
Griffin Boyette Bell was an American lawyer and former Attorney General. He served as the nation's 72nd Attorney General during the Jimmy Carter administration...

, made the decision not to proceed with Krauskopf's nomination. Ultimately, Carter wound up nominating Richard S. Arnold
Richard S. Arnold
Richard Sheppard Arnold was a judge of the U.S. District Court and then the U.S. Court of Appeals for the Eighth Circuit. Two presidents, Richard M. Nixon and Bill Clinton, considered naming Arnold to the United States Supreme Court...

 to the seat in late 1979. He was confirmed in 1980.

Failed district court nominees

During his presidency, Carter nominated 16 people for 15 different federal district judgeships
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....

 to federal district courts who never were confirmed by the U.S. Senate. Like the appellate court nominations mentioned above, many of these nominees were blocked by Republicans. One, however, was not confirmed because he died while his nomination was pending.

Of the 15 federal district judgeship vacancies in question, three eventually were filled with different Carter nominees and 12 were filled by nominees of President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....

. Of Carter's 16 failed district court nominees, four, I. Leo Glasser
I. Leo Glasser
Israel Leo Glasser, also known as I. Leo Glasser or Leo Glasser, is a United States District Judge for the Eastern District of New York.-Biography:...

, John E. Sprizzo
John E. Sprizzo
John Emilio Sprizzo was a federal judge for the United States District Court for the Southern District of New York.-Early life:...

, James Parker Jones
James Parker Jones
James Parker Jones is a United States federal judge who currently is the chief judge for the United States District Court for the Western District of Virginia.- Early life and education :...

 and Ralph Wilson Nimmons, Jr.
Ralph Wilson Nimmons, Jr.
Ralph Wilson Nimmons, Jr. was an American lawyer and judge.- Early life and education :Nimmons was born in 1938 in Dallas, Texas. He received his Bachelor of Arts degree in 1960 from the University of Florida and his J.D...

, subsequently were nominated by Presidents Ronald Reagan, George H. W. Bush or Bill Clinton to federal district judgeships. Also, another of the 16, Walter Meheula Heen
Walter Meheula Heen
Walter Meheula Heen is an American lawyer, politician and judge. He briefly served as judge on the United States District Court for the District of Hawaii and trustee of the Office of Hawaiian Affairs.-Life:...

, was given a recess appointment to his district judgeship by Carter and as a result served as a federal judge for close to a year into the presidency of Reagan, who chose not to renominate and seek a full Senate vote on Heen.

The failed Carter district court nominees:
  • United States District Court for the District of Maine
    United States District Court for the District of Maine
    The U.S. District Court for the District of Maine is the U.S. district court for the state of Maine. The District of Maine was one of the original thirteen district courts established by the Judiciary Act of 1789, even though Maine was not a separate state from Massachusetts until 1820...

    • David G. Roberts (nominated August 26, 1980; judgeship later filled by Reagan appointee Conrad K. Cyr
      Conrad K. Cyr
      Conrad Keefe Cyr is a senior judge of the United States Court of Appeals for the First Circuit.- Education and early career :Born in Limestone, Maine, Cyr received a B.S. from Holy Cross College in 1953 and a J.D. from Yale Law School in 1956...

      )

  • United States District Court for the District of Puerto Rico
    United States District Court for the District of Puerto Rico
    The United States District Court for the District of Puerto Rico is the federal district court whose jurisdiction comprises the Commonwealth of Puerto Rico. The court is based in San Juan. The main building is the Clemente Ruiz Nazario U.S. Courthouse located in the Hato Rey district of San Juan...

    • Miguel A. Gimenez-Munoz (nominated July 31, 1980; judgeship later filled by Reagan appointee Jaime Pieras, Jr.
      Jaime Pieras, Jr.
      Jaime Pieras was a United States federal judgeBorn in San Juan, Puerto Rico, Pieras obtained a B.A. from Catholic University of America in 1945 and his J.D. from Georgetown University in 1948. He served as a Second Lieutenant in the United States Army immediately after World War II, from 1946 to...

      )

  • United States District Court for the Eastern District of New York
    United States District Court for the Eastern District of New York
    The United States District Court for the Eastern District of New York is the federal district court whose jurisdiction comprises the entirety of Long Island and Staten Island...

    • Philip Weinberg (nominated September 17, 1980; judgeship later filled by Reagan appointee (and failed Carter nominee) I. Leo Glasser
      I. Leo Glasser
      Israel Leo Glasser, also known as I. Leo Glasser or Leo Glasser, is a United States District Judge for the Eastern District of New York.-Biography:...

      )
    • I. Leo Glasser
      I. Leo Glasser
      Israel Leo Glasser, also known as I. Leo Glasser or Leo Glasser, is a United States District Judge for the Eastern District of New York.-Biography:...

       (nominated September 17 1980; judgeship later filled by Reagan appointee Joseph M. McLaughlin
      Joseph M. McLaughlin
      Joseph Michael McLaughlin is a federal appellate judge in the United States.Born in Brooklyn, New York. He received an A.B. from Fordham College in 1954, and was in the United States Army Corps of Engineers Captain from 1955 to 1957. He then received a LL.B. from Fordham University School of Law...

      ; Glasser later was appointed by Reagan to a different seat on the Eastern District of New York)

  • United States District Court for the Southern District of New York
    United States District Court for the Southern District of New York
    The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...

    • John E. Sprizzo
      John E. Sprizzo
      John Emilio Sprizzo was a federal judge for the United States District Court for the Southern District of New York.-Early life:...

       (nominated June 2, 1980; judgeship later filled by Sprizzo himself, after President Reagan renominated him the following year)

  • United States District Court for the Western District of Pennsylvania
    United States District Court for the Western District of Pennsylvania
    The United States District Court for the Western District of Pennsylvania sits in Pittsburgh, Erie, and Johnstown, Pennsylvania. It is composed of ten judges as authorized by federal law. The Honorable Judge Gary L. Lancaster is currently Chief Judge of the Western Pennsylvania District...

    • Leonardo "Len" Paletta (nominated April 7, 1978; died while nomination was pending; judgeship later filled by Carter appointee Alan Neil Bloch
      Alan Neil Bloch
      Alan Neil Bloch is a United States federal judge.Born in Pittsburgh, Pennsylvania, Bloch received a B.S. from the University of Pennsylvania in 1953 and, after serving as a Lieutenant in the United States Army from 1953 to 1955, received a J.D. from the University of Pittsburgh School of Law in 1958...

      )

  • United States District Court for the Eastern District of North Carolina
    United States District Court for the Eastern District of North Carolina
    The United States District Court for the Eastern District of North Carolina is the United States District Court that serves the eastern 44 counties in North Carolina. Appeals from the Eastern District of North Carolina are taken to the United States Court of Appeals for the Fourth Circuit The...

    • Charles B. Winberry (nominated March 29, 1979 and withdrawn August 26, 1980; judgeship later filled by Reagan appointee James Carroll Fox
      James Carroll Fox
      James Carroll Fox is a United States federal judge.Born in Atchison, Kansas, Fox received a B.S. from the University of North Carolina in 1950, and was in the United States Army from 1951 to 1959. He then received a J.D. from the University of North Carolina School of Law in 1957, serving as a law...

      )
    • S. Gerald Arnold
      S. Gerald Arnold
      S. Gerald Arnold is a North Carolina lawyer and jurist who served as a judge of the North Carolina Court of Appeals, including service as that court's Chief Judge ....

       (nominated August 26, 1980; judgeship later filled by Reagan appointee James Carroll Fox
      James Carroll Fox
      James Carroll Fox is a United States federal judge.Born in Atchison, Kansas, Fox received a B.S. from the University of North Carolina in 1950, and was in the United States Army from 1951 to 1959. He then received a J.D. from the University of North Carolina School of Law in 1957, serving as a law...

      )

  • United States District Court for the Eastern District of Virginia
    United States District Court for the Eastern District of Virginia
    The United States District Court for the Eastern District of Virginia is one of two United States district courts serving the Commonwealth of Virginia...

    • James Edward Sheffield (nominated April 9, 1980; judgeship later filled by Reagan appointee James C. Cacheris
      James C. Cacheris
      James C. Cacheris is currently serving as judge on the United States District Court in the Eastern District of Virginia....

      )

  • United States District Court for the Western District of Virginia
    United States District Court for the Western District of Virginia
    The United States District Court for the Western District of Virginia is a United States district court.Appeals from the Western District of Virginia are taken to the United States Court of Appeals for the Fourth Circuit The United States District Court for the Western District of Virginia (in...

    • James Parker Jones
      James Parker Jones
      James Parker Jones is a United States federal judge who currently is the chief judge for the United States District Court for the Western District of Virginia.- Early life and education :...

       (nominated on May 16, 1979; judgeship later filled by Reagan appointee Jackson L. Kiser
      Jackson L. Kiser
      Jackson L. Kiser is a United States federal judge.Born in Welch, West Virginia, Kiser earned a B.A. from Concord College in 1951 and an LL.B. from Washington and Lee University School of Law in 1952. He served as an attorney for the United States Army JAG Corps from 1952 to 1955. Afterward, he...

      ; Jones later was nominated and confirmed to a different seat on the Western District of Virginia by President Clinton)

  • United States District Court for the Western District of Texas
    United States District Court for the Western District of Texas
    The United States District Court For the Western District Of Texas is a Federal district court. The court convenes in San Antonio with divisions in Austin, Del Rio, El Paso, Midland, Pecos, and Waco. It has jurisdiction in over 50 Trans-Pecos, Permian Basin and Hill Country counties of the U.S....

    • Peter M. Lowry (nominated August 26, 1980; judgeship later filled by Reagan appointee James Robertson Nowlin
      James Robertson Nowlin
      James Robertson Nowlin is a United States federal judge.Born in San Antonio, Texas, Nowlin received a B.A. from Trinity University in 1959, an M.A. from Trinity University in 1962, and a J.D. from the University of Texas School of Law in 1963. He was in the United States Army Captain from 1959 to...


  • United States District Court for the Northern District of Ohio
    United States District Court for the Northern District of Ohio
    The U.S. District Court for the Northern District of Ohio is the federal trial court for the northern half of Ohio...

    • Gerald B. Lackey (nominated August 26, 1980; judgeship later filled by Reagan appointee Alvin I. Krenzler
      Alvin I. Krenzler
      Alvin Irving "Buddy" Krenzler was a former United States federal judge.Krenzler was born in Chicago, Illinois. He received his Bachelor of Arts from Case Western Reserve University in 1946 and his LL.B. from the Case Western Reserve University School of Law in 1948.Krenzler served in the United...

      )

  • United States District Court for the District of Hawaii
    United States District Court for the District of Hawaii
    The United States District Court for the District of Hawaii is the principal trial court of the United States Federal Court System in the state of Hawaii. It is located at the Prince Kuhio Federal Building in downtown Honolulu, fronting the Aloha Tower and Honolulu Harbor. The court hears both...

    • Walter Meheula Heen
      Walter Meheula Heen
      Walter Meheula Heen is an American lawyer, politician and judge. He briefly served as judge on the United States District Court for the District of Hawaii and trustee of the Office of Hawaiian Affairs.-Life:...

       (nominated February 29, 1980 and renominated January 8, 1981; in the interim, Carter gave Heen a recess appointment to the District of Hawaii, and Heen served as a judge for close to one year of Reagan's presidency; the Senate never acted on Carter's nominations of Heen and Reagan never renominated him to the District of Hawaii; judgeship later filled by Reagan appointee Harold Michael Fong
      Harold Michael Fong
      Harold Michael Fong was an American lawyer and judge. He served as judge on the United States District Court for the District of Hawaii....

      )

  • United States District Court for the Middle District of Alabama
    United States District Court for the Middle District of Alabama
    The United States District Court for the Middle District of Alabama is the Federal district court whose jurisdiction comprises the following counties: Autauga, Barbour, Bullock, Butler, Chambers, Chilton, Coffee, Coosa, Covington, Crenshaw, Dale, Elmore, Geneva, Henry, Houston, Lee, Lowndes,...

    • Fred Gray (nominated January 10, 1980; nomination withdrawn September 17, 1980; judgeship later filled by Carter appointee Myron Herbert Thompson
      Myron Herbert Thompson
      Myron Herbert Thompson is a United States federal judge.Born in Tuskegee, Alabama, Thompson received a B.A. from Yale University in 1969 and a J.D. from Yale Law School in 1972. He was an Assistant Attorney General of Alabama from 1972 to 1974, and was then in private practice in Montgomery,...

      )

  • United States District Court for the Middle District of Florida
    United States District Court for the Middle District of Florida
    The United States District Court for the Middle District of Florida serves the residents of thirty-five counties from eight courthouses....

    • Ralph Wilson Nimmons, Jr.
      Ralph Wilson Nimmons, Jr.
      Ralph Wilson Nimmons, Jr. was an American lawyer and judge.- Early life and education :Nimmons was born in 1938 in Dallas, Texas. He received his Bachelor of Arts degree in 1960 from the University of Florida and his J.D...

       (nominated on September 17, 1980; judgeship later filled by Reagan appointee John H. Moore II
      John H. Moore II
      John Henry Moore II is an American lawyer and federal judge.Moore in Atlantic City, New Jersey. He received his Bachelor of Science degree from Syracuse University in 1952 and his J.D. from the University of Florida College of Law in 1961...

      ; Nimmons later was nominated and confirmed to a different seat on the Middle District of Florida by President George H. W. Bush)

  • United States District Court for the District of Columbia
    United States District Court for the District of Columbia
    The United States District Court for the District of Columbia is a federal district court. Appeals from the District are taken to the United States Court of Appeals for the District of Columbia Circuit The United States District Court for the District of Columbia (in case citations, D.D.C.) is a...

    • Carin Clauss (nominated on September 19, 1978; judgeship later filled by Carter appointee Joyce Hens Green
      Joyce Hens Green
      Judge Joyce Hens Green is a Senior United States District Court Judge for the District of Columbia.-Childhood:Green was born in 1928 in New York City. Her father was a psychiatrist and her mother was a homemaker. She had one brother...

      )

See also

  • United States federal judge
    United States federal judge
    In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....

  • Federal judicial appointment history
    Federal judicial appointment history
    The appointment of federal judges has become viewed as a political process in the last several decades. This is especially true of U.S. Supreme Court and court of appeals appointments...

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