Barack Obama judicial appointment controversies

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Barack Obama nominated 69 people for 104 different federal appellate judgeships during his presidency and although some nominees were processed by the Republican-controlled Senate Judiciary Committee, many of them stalled on the floor of the Senate. Obama nominated over three hundred individuals for federal judgeships. Of these nominations, Congress confirmed three hundred and twenty nine judgeships, 173 during the 111th & 112th Congresses[1] and 156 during the 113th and 114th Congresses.[2]

With the death of Antonin Scalia in February 2016, in the thick of a Presidential election year, the Republican majority in the Senate made it their stated policy to refuse to consider any nominee put forward by President Obama, arguing that the next president should be the one to appoint Scalia's replacement. Scalia's death was only the second death of a serving justice in a span of sixty years[3]

Republicans filibustered many nominees, and Senator Chuck Grassley commented more nominees could have been confirmed had President Obama respected recess appointment precedent by not making recess appointments while the Senate is in session.[4] Although President Obama had never used a recess appointment to appoint a nominee to the federal bench, he had appointed some executive agency officials in January 2012.

As a response to the continuing blocking of several of President Obama's nominees, Sen. Harry Reid on November 21, 2013 invoked the so-called Nuclear option and changed the Senate rules, meaning a simple majority vote will suffice for all nominees except for the Supreme Court.[5]

Failed Supreme Court nomination[edit]

Garland himself was not personally controversial. However, political commentators widely recognized Scalia as one of the more conservative members of the Court, and noted that a more liberal replacement could shift the Court's ideological balance for many years into the future. The confirmation of Garland would have given Democratic appointees a majority on the Supreme Court for the first time since the 1970 confirmation of Harry Blackmun.[8] After the death of Scalia, Republican Senate leaders announced that they planned to hold no vote on any potential nomination during the president's last year in office.[9] Senate Democrats responded that there was sufficient time to vote on a nominee before the election.[10] Garland's nomination expired on January 3, 2017, with the end of the 114th Congress. The nomination remained before the Senate for 293 days,[11] more than twice as long as any other Supreme Court nomination.[12] On January 31, 2017, President Donald Trump announced his selection of Judge Neil Gorsuch for the position. Gorsuch was later confirmed on April 7, 2017 by a vote of 54–45[13] and sworn in on April 10, 2017.[14]

List of failed, stalled or filibustered appellate nominees[edit]

Failed nominees[edit]

  • 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.[15] Chatigny was nominated on February 24, 2010.[16] The nomination quickly became controversial. 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.[17] Critics also pointed out his 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.[18] His nomination was returned by the Senate on August 5, 2010. Chatigny removed his name from consideration,[19] and he was not renominated when the 112th Congress convened.[15] Obama later chose U.S. District Judge Christopher F. Droney to fill the seat to which Chatigny had been nominated, and the Senate confirmed Droney without opposition on November 28, 2011.[20]
  • United States Court of Appeals for the Ninth Circuit
    • Goodwin Liu (of California), to newly created seat: Liu was nominated on February 24, 2010.[16] His nomination was returned by the Senate on August 5, 2010.[21] Liu had faced opposition due to his outspoken support of same-sex marriage and affirmative action,[21] and a 2008 article he wrote claiming a Constitutional right to receive welfare.[22][23] He was also denounced for his personal criticism of the Supreme Court nominations of John Roberts and Samuel Alito.[24] Republican opposition to Liu is also due in part to his being considered a possible Supreme Court candidate.[24] 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 an up-or-down vote on Liu's nomination. The cloture motion attracted only 52 of the 60 aye votes required. On May 25, 2011, Liu wrote to President Obama requesting that his nomination be withdrawn due to the improbability that he would receive an up-or-down vote.[25] On July 26, 2011, Governor Jerry Brown nominated Liu to a seat on the Supreme Court of California,[26] and he was sworn in on September 1, 2011.[27] Obama later nominated U.S. District Judge Jacqueline Nguyen to the Ninth Circuit seat to which Liu had been nominated,[28] and the Senate confirmed her without opposition on May 7, 2012.[29]
  • United States Court of Appeals for the Federal Circuit
    • Edward C. DuMont: DuMont was nominated to the Federal Circuit on April 14, 2010.[30] If confirmed, DuMont would have been the first openly gay United States appeals court judge.[31] The nomination languished for 18 months before United States Senate Committee on the Judiciary, which never scheduled a hearing on it, despite having had hearings and votes for two later nominees to the same court. A spokesperson for Senator Chuck Grassley, the ranking Republican on the Senate Judiciary Committee, said in August 2011 only that "There are questions in Mr. DuMont's background investigation that have to be resolved."[32] In November 2011, the National Law Journal reported that DuMont had submitted a letter to President Obama, asking that the president withdraw his nomination because one or more senators of the minority party on United States Senate Committee on the Judiciary refused to allow the committee to give him a hearing. Obama withdrew DuMont's nomination later that day.[33] In November 2011, Obama nominated Richard G. Taranto to the seat to which DuMont had been nominated, and the Senate confirmed without opposition him on March 11, 2013.
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Tenth Circuit
    • Stephen Six (of Kansas), to seat vacated by Deanell Reece Tacha.[36] Former Kansas Attorney General Six was opposed by both home state Senators. Republicans claimed that he was a liberal extremist who would substitute his personal opinions for the law and the Constitution. Six's critics strongly condemned his conduct in a 2008 investigation of physician George Tiller, who was charged with performing illegal late-term abortions. Six was accused of improperly quashing a subpoena for Tiller's patient records.[37] Because of opposition by both of his home state Senators and the negative publicity, the Senate Judiciary Committee did not act upon the nomination. His nomination was returned to the president on December 17, 2011, pursuant to the rules of the Senate, and the president chose not to renominate him.[38] Obama later chose Kansas Supreme Court Justice Nancy Moritz to fill the seat to which Six had been nominated, and the Senate confirmed Moritz on May 5, 2014.[39]
  • United States Court of Appeals for the District of Columbia Circuit
    • Caitlin Halligan (of New York), to seat vacated by John Roberts:[40] on September 29, 2010, Obama nominated New York Solicitor Halligan. She became controversial because of her statement that "gun manufacturers, wholesalers and retailers contributed to a ‘public nuisance’ of illegal handguns in the state."[41] Her critics used that to claim that she was a liberal ideologue who would not uphold the Second Amendment and would base rulings on personal opinion rather than the law. Halligan was blocked by Senate Republicans in a mostly party-line filibuster in December 2011.[42] Obama renominated Halligan to the D.C. Circuit in June 2012.[43] The nomination was again returned to the President on August 3, 2012, as a result of Republicans refusing to allow the nomination to be held over during the Senate's extended summer recess.[44] Obama renominated Halligan to the seat on September 19, 2012.[45] On March 22, 2013, the President officially withdrew Halligan's nomination.[46] On June 4, 2013 President Obama nominated Patricia Ann Millett to fill the vacancy. The Senate confirmed her on December 10, 2013.

Successfully appointed nominees[edit]

  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Fourth Circuit
    • Barbara Milano Keenan (of Virginia), to seat vacated by H. Emory Widener: Keenan was nominated on September 14, 2009.[53] Keenan's nomination was not considered controversial,[54] but was subjected to what Virginia Senator Mark Warner called "unnecessary filibusters that came to an end with two unanimous, bipartisan votes."[54] Prior to Obama's successful appointment of Keenan, President George W. Bush had unsuccessfully nominated three separate individuals to succeed Judge Widener: William J. Haynes, who was initially nominated in September 2003 and withdrew from consideration in January 2007; E. Duncan Getchell, who was nominated in September 2007 and withdrew from consideration in January 2008; and Glen E. Conrad, whose nomination in May 2008 expired at the end of Bush's presidency in January 2009. Cloture was successfully invoked on March 2, 2010 by a vote of 99–0,[55] and Keenan was confirmed later that day by a vote of 99–0.[56]
  • United States Court of Appeals for the Third Circuit
    • Patty Shwartz (of New Jersey), to seat vacated by Maryanne Trump Barry: New Jersey Sen. Bob Menendez, a Democrat, had not returned his blue slip—effectively blocking the nomination, since nominations do not go forward without the support of home-state senators, which comes in the form of a blue slip that is returned to the United States Senate Committee on the Judiciary.[57] In January 2012, The New York Times reported that Menendez had not given a reason for not returning his blue slip, and noted that Shwartz long had been in a relationship with the head of the public corruption unit for New Jersey's federal prosecutor. That was the unit that investigated Menendez during his 2006 election fight—an investigation that Menendez contended was politically motivated.[57] On January 13, 2012, Menendez announced that he had dropped his opposition to Shwartz's nomination and would be returning his blue slip.[58] On February 15, 2012, Shwartz received a hearing before the Senate Judiciary Committee. On March 8, 2012, the Judiciary Committee reported her nomination to the floor of the Senate by a vote of 10 ayes to 6 nays. On January 2, 2013, her nomination was returned to the President, due to the sine die adjournment of the Senate.[59] On January 3, 2013, she was renominated to the same office. Her nomination was reported to the floor by the Senate Judiciary Committee on February 14, 2013, by a vote of 11 ayes to 7 nays.[60] The Senate had ultimately approved the nomination on April 9, 2013 by a 64–34 vote.
  • United States Court of Appeals for the Ninth Circuit
    • Andrew D. Hurwitz (of Arizona), to seat vacated by Mary M. Schroeder: Some Republican senators had objected to Hurwitz and required a cloture vote on his nomination because of his role some 40 years earlier as a young law clerk. Hurwitz had been a law clerk for then-U.S. District Judge Jon O. Newman, and in a 2002 law review article, Hurwitz wrote that he had helped to write—and still admires the legal framework for—Newman's opinion striking down Connecticut's abortion law, just a year before the U.S. Supreme Court decided Roe v. Wade.[61] Both of Hurwitz's home-state senators have supported his nomination, but other Republican senators have objected to it.[62] After a Republican filibuster on Hurwitz's nomination, senators voted 60–31 on June 11, 2012 to invoke cloture and break the filibuster.[63] Senators then confirmed Hurwitz on June 12, 2012 in a voice vote.[64]
  • United States Court of Appeals for the Tenth Circuit
  • United States Court of Appeals for the Eleventh Circuit
    • Adalberto Jordan (of Florida), to seat vacated by Susan H. Black. Jordan's nomination was the subject of a filibuster by Senate Republicans, who had no major objections to Jordan himself but were angry by unrelated recess appointments by President Obama in early January 2012. On February 9, 2012, Senate Majority Leader Harry Reid motioned to invoke cloture on Jordan's nomination, thereby ending the filibuster. Cloture was achieved in an 89–5 vote on February 13, 2012,[67] and the Senate confirmed Jordan on February 15, 2012 in a 94–5 vote.[68]
    • Jill A. Pryor Originally nominated February 16, 2012 to a seat vacated by Stanley F. Birch. Georgia's two Republican senators Johnny Isakson and Saxby Chambliss refused to return their blue slips, thus preventing a hearing and effectively blocking her nomination.[69] In September 2013 it was reported that a deal was in the works between the White House and the Senators to ensure a hearing on the Pryor nomination and to fill the other district court vacancies within Georgia, thus upsetting those in the Georgia's Democratic delegation.[70] On May 13, 2014 a hearing was held on her nomination by the Senate Judiciary Committee. On June 19, 2014 her nomination was reported out of committee by voice vote. On July 30, 2014, Senate Majority Leader Harry Reid motioned to invoke cloture on Pryor's nomination. On July 31, 2014, the Senate voted 58–33 for cloture on Pryor's nomination. On September 8, 2014 the Senate voted 97–0 in favor of final confirmation.
  • United States Court of Appeals for the District of Columbia Circuit
    • Patricia Millett and Nina Pillard to seats respectively vacated by John G. Roberts, Jr. and Douglas H. Ginsburg: in November 2013 Republicans blocked the nomination of three nominees by filibustering.[71] Republican Senators have called Obama's nominations "court packing", which evokes but is not analogous to Franklin D. Roosevelt's Judicial Procedures Reform Bill of 1937, despite Obama exercising his constitutional right to fill existing judicial vacancies.[72] As a response to these actions Sen. Harry Reid on November 21, 2013 invoked the so-called Nuclear option and changed the Senate rules, meaning a simple majority vote will suffice for all nominees except for the Supreme Court.[5] Millet and Pillard were confirmed respectively on December 10, 2013 (Millet 56–38, with Republican Senators Collins and Murkowski voting to confirm as well) and December 11, 2013 (Pillard, 51-44).
    • Robert L. Wilkins to seat vacated by David B. Sentelle: in November 2013 Republicans blocked the nomination of Wilkins by filibustering.[71] On November 14, 2013, Senate Majority Leader Harry Reid motioned to invoke cloture on Wilkins' nomination, seeking to end a filibuster of his nomination by Senate Republicans. The Senate failed to invoke cloture on November 18, 2013 by a vote of 53–38, with 1 senator voting "present".[73] Republican Senators have called Obama's nominations to the DC Court "court packing", which evokes but is not analogous to Franklin D. Roosevelt's Judicial Procedures Reform Bill of 1937.[72] As a response to these actions Sen. Harry Reid on November 21, 2013 invoked the so-called Nuclear option and changed the Senate rules, meaning a simple majority vote will suffice for all nominees except for the Supreme Court.[5] Reid planned to hold a vote on Wilkins' nomination before the Senate adjourned for the year on December 20, but the vote did not take place. Cloture was subsequently invoked on January 9, 2014 by a vote of 55–38, with 1 senator voting "present". He was confirmed by the United States Senate 55-43 on January 13, 2014.[74] His confirmation marked the first time the U.S. Court of Appeals for the D.C. Circuit had a full complement of judges in over 22 years since Clarence Thomas left the court on October 23, 1991 upon his joining the United States Supreme Court.

List of failed, stalled or filibustered district court nominees[edit]

Failed nominees[edit]

  • United States District Court for the Western District of Wisconsin
    • Louis B. Butler: Butler ran for the Wisconsin Supreme Court in 2000, but was defeated by a wide margin.[75] He was appointed to the Wisconsin Supreme Court in 2004, but he narrowly lost the 2008 election to retain the seat.[76] On September 30, 2009, President Barack Obama nominated Butler to serve as United States District Court. Critics argued that Butler should not be appointed to the federal bench after having been twice rejected by the voters of his state.[76] Butler's critics also accused him of being a liberal ideologue who was hostile to tough criminal sentences and the rights of gun owners.[77] He was also controversial for a ruling which effectively overturned state's limits on non-economic damages in medical malpractice suits and another ruling which he supported "collective liability" in lead paint cases, where companies can be held liable for products that they didn't produce. This led to charges that he was overly beholden to trial lawyers.[78] Republican Sen. Ron Johnson, who was elected in 2010, immediately put a hold on Butler's nomination once he took office, and senators returned Butler's nomination to the White House in December 2011. On November 7, 2013, President Obama nominated James D. Peterson to fill this vacancy and he was confirmed on May 8, 2014.
  • United States District Court for the District of Maryland
    • Charles Bernard Day: Day, a U.S. Magistrate Judge in Maryland, was initially nominated in July 2010, but his nomination was withdrawn by President Barack Obama on October 31, 2011. According to Senators Barbara Mikulski and Ben Cardin, Day was blocked from receiving a hearing by Senate Republicans.[79] However, U.S. Senator Charles Grassley stated that Committee members had "insurmountable concerns" about matters raised during a background investigation of Day, adding that Day "is aware of those problems and is free to share that information if he so desires.[80] In November 2011, Obama nominated George Levi Russell III to fill the vacant seat to which Day had been nominated, and the Senate confirmed Russell on May 14, 2012.
  • United States District Court for the Western District of New York
    • Michael Charles Green: Green, then Monroe County District Attorney in western New York, was nominated on January 26, 2011. At first, he generated little controversy and he was reported out of the Senate Judiciary Committee and onto the Senate floor. But his nomination languished for more than six months before being returned to the White House at the behest of Senate Republicans at the end of the session of Congress that concluded in December 2011. Utah Sen. Mike Lee was the lone senator to oppose Green in the committee vote, and no Republican senators publicly explained their opposition to his nomination. In follow-up questions to his hearing testimony, however, several Republican senators focused on Green's decision to seek drug treatment rather than jail for some offenders, while others queried Green about his views on the death penalty. On December 18, 2011, a White House spokesman told a local newspaper that Obama would not be renominating Green to the seat.[81] "Mike Green would have made an outstanding judge and it is very unfortunate not only for him, but for a strong judiciary, that partisan politics stood in the way," Sen. Chuck Schumer said in a statement on December 18, 2011. On December 19, 2011, Green said at a press conference that he blamed local opposition on his failed judicial nomination, as a result of his prosecution of public corruption.[82] In May 2012, Obama nominated longtime Rochester judge Frank Paul Geraci, Jr. to the seat to which Green had been nominated, and the Senate confirmed Geraci without opposition to the seat on December 13, 2012.
  • United States District Court for the Northern District of Oklahoma
  • United States District Court for the Northern District of Georgia
  • United States District Court for the District of Nevada
    • Elissa F. Cadish: On February 16, 2012, President Obama nominated Cadish, a Clark County District Court Judge, to be a judge for the United States District Court for the District of Nevada.[91] She would replace Judge Philip M. Pro who took senior status in 2011. Due to the fact that Senator Heller had refused to sign and return his blue slip for her nomination, the Senate Judiciary Committee could not hold a hearing on her nomination and the Senate could not proceed on the nomination. Heller's opposition to her nomination and his invocation of "senatorial courtesy" is due to a statement by Cadish indicating that she believed there was no individual right to keep and bear arms, a statement which was made in 2008, prior to Supreme Court decisions explicitly recognizing an individual right to keep and bear arms.[92] On March 8, 2013, Cadish requested President Obama to withdraw her nomination and on March 13, 2013, President Obama formally withdrew the nomination.[93] On January 16, 2014 President Obama nominated Richard Franklin Boulware II to fill this vacancy. He was confirmed on June 10, 2014.
  • United States District Court for the Southern District of Florida
    • William L. Thomas: On November 14, 2012, President Barack Obama nominated Thomas to a seat on the U.S. District Court for the Southern District of Florida[94] to replace Judge Adalberto Jordan.[95] Thomas is openly gay.[96] If confirmed, Thomas would have been the first out gay African American man to serve as a federal judge.[97] On January 2, 2013, his nomination was returned to the President, due to the sine die adjournment of the Senate. On January 3, 2013, he was renominated to the same office. On September 19, 2013, Senator Marco Rubio announced that – although originally he recommended Thomas to the President – he would not return his blue slip for Thomas, effectively preventing the possibility of a hearing or confirmation vote.[98] Thomas' nomination was returned to the President due to the sine die adjournment of Congress on January 3, 2014. President Obama had decided not to resubmitt Thomas' nomination a third time.[99] Florida Circuit Court Judge Robin L. Rosenberg was nominated to the seat on February 26, 2014. She was confirmed on July 22, 2014.
  • United States District Court for the District of South Carolina
    • Alison Renee Lee: A state Circuit Court Judge since 1999, Lee was originally nominated on June 26, 2013 to the seat being vacated by Judge Cameron McGowan Currie, who took senior status on October 3, 2013.[100] South Carolina Senators Lindsey Graham and Tim Scott opposed her nomination because of a controversial decision she made involving burglary suspect Lorenzo Young. Lee consolidated his bonds and reduced the total from $225,000 to $175,000 for Young, who subsequently was released and then later charged in the July 1 slaying of a 33-year-old woman.[101][102] Due to opposition from her home state senators and no opportunity of receiving a committee hearing on September 18, 2014 President Barack Obama withdrew her nomination.[103]
  • United States District Court for the Eastern District of North Carolina
    • Jennifer Prescod May-Parker: Originally nominated June 20, 2013 to the seat vacated by Malcolm Jones Howard, she never received a hearing. Senator Richard Burr never returned his “blue slip” indicating his support for her -[104] Her nomination was returned on December 16, 2014 due to the sine die adjournment of the 113th Congress. President Obama chose not to renominate her.
  • United States District Court for the District of Kansas
  • United States District Court for the District of Utah
    • Ronald G. Russell: On December 16, 2015, President Obama nominated former Centerville Mayor Russell to serve as a judge of the United States District Court for the District of Utah, to the seat vacated by Judge Ted Stewart, who took senior status on September 1, 2014.[107] Russell, a Republican, had the support of Utah Senators Orrin Hatch and Mike Lee. Russell received a hearing before the Senate Judiciary Committee on April 20, 2016, and was approved without objection on May 19. However, Russell’s nomination stalled on the floor, due to the blockade on confirmations imposed by Senate Majority Leader Mitch McConnell, and Democratic objections to expediting Russell’s nomination without confirming longer-pending Democrats. Without floor action, Russell’s nomination was returned to the White House unconfirmed on January 3, 2017.[108]

Successfully appointed nominees[edit]

  • United States District Court for the District of Rhode Island
    • John J. McConnell, Jr.: McConnell was first nominated on March 10, 2010.[109] McConnell had donated hundreds of thousands of dollars to Democratic campaigns, including over eight thousand each to the campaigns of Rhode Island Senators Jack Reed and Sheldon Whitehouse.[109] McConnell's critics contended that his prolific political contributions suggest that McConnell would be a partisan judge.[110] On May 4, 2011, the United States Senate invoked cloture on McConnell's nomination in a 63–33 vote, and he was confirmed by the Senate later that same day in a 50–44 vote.[111] The cloture petition filed to break the filibuster against McConnell marked one of the rare instances that such a motion had been required to force a vote on a district court nominee, with only three prior instances recorded.[112]
  • United States District Court for the Northern District of California
  • United States District Court for the District of Arizona
    • Rosemary Marquez: On June 23, 2011, President Obama nominated Marquez, a Tucson defense attorney, to the federal trial court in Arizona. However, Arizona's two Republican senators, John McCain and Jon Kyl, refused to return their blue slips on Marquez's nomination, meaning that a hearing before the United States Senate Committee on the Judiciary cannot go forward.[115] McCain said that he did not believe that Marquez is qualified, telling a newspaper, "I've been working with Sen. Kyl, but we do not feel at this time that she's qualified."[116] On January 28, 2014 the Senate Judiciary Committee held a hearing on her nomination as well as five other individuals nominated to the same court. She was confirmed on May 15, 2014 by a vote of 81–15.
  • United States District Court for the Eastern District of Missouri
    • Ronnie L. White: On November 7, 2013, President Obama nominated Missouri Supreme Court Justice White to serve on the United States District Court for the Eastern District of Missouri.[117] White had previously been nominated for the same position by President Bill Clinton in 1997, but the nomination was defeated.[118] The nomination drew controversy, as Republicans charged White as being a liberal ideologue who was biased in favor of criminal defendants. He received a hearing before the United States Senate Judiciary Committee on May 20, 2014.[119] On June 19, 2014 his nomination was reported out of committee by a roll call vote of 10–8.[120] On July 16, 2014, the United States Senate voted 54–43 for cloture on White's nomination, cutting off a Republican-led filibuster of White's nomination.[9] Later that same day, senators voted 53–44 to confirm White.[121]

Effects of vacancies[edit]

A 2016 study found the current rate of federal judge vacancies (10 percent) had led prosecutors to dismiss more cases, and defendants to be more likely to plead guilty and less likely to be incarcerated.[122] The authors find that "the current rate of vacancies has resulted in 1,000 fewer prison inmates annually compared to a fully-staffed court system, a 1.5 percent decrease."[122]

Nominations that were made at the end of Obama's term and later renominated[edit]

See also[edit]

References[edit]

  1. ^ http://www.uscourts.gov/JudgesAndJudgeships/Viewer.aspx?doc=/uscourts/JudgesJudgeships/docs/appointments-by-president.pdf
  2. ^ "Confirmation Listing". United States Courts. Retrieved 9 February 2014. 
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  4. ^ Larry Margasak, Senate confirms Cuban-born judge to 11th Circuit[permanent dead link] (February 15, 2012).
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  6. ^ Savage, David G. (November 8, 2014). "Obama unlikely to alter Supreme Court ideology with Republican Senate". LA Times. Retrieved March 12, 2016. 
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  14. ^ Totenberg, Nina (April 7, 2017). "Senate Confirms Gorsuch To Supreme Court". NPR. Retrieved April 7, 2017. 
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  17. ^ Mahony, Edmund H. (August 6, 2010). "U.S. Senate Republicans Derail Judge Chatigny's Appeals Court Nomination". Capitol Watch Blog – The Hartford Courant. Archived from the original on July 21, 2011. Retrieved September 3, 2011. 
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  31. ^ Geidner, Chris (April 16, 2010). "Breaking Barriers: Edward DuMont, praised by colleagues as "brilliant," would be the first openly gay federal appellate judge in the country". Metro Weekly. Retrieved September 3, 2011. 
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  47. ^ President Obama Announces David Hamilton for the United States 7th Circuit Court of Appeals whitehouse.gov (March 17, 2009).
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