Votes Other Than Favorably on Judicial Nominations, 1939-2003

Publication Date: February 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

Judicial nominations are submitted to the Senate by the President. Once a nomination is submitted, the Senate refers it to the Judiciary Committee. Either the Senate or the Senate Judiciary Committee may choose not to act when considering the nomination. If the Judiciary Committee does act and schedules a vote on a nominee, any of four motions can be made. In most instances, the motion is made to report favorably. The committee could also vote on a motion to table the nomination, to report the nomination without recommendation, or to report the nomination unfavorably. The nomination moves on to the full Senate if the committee votes to report it favorably, to report it without recommendation, or to report it unfavorably. A nomination that is tabled is effectively killed. The Senate may choose to vote on a judicial nomination at anytime. If the Senate does vote on the nominee, it may vote to confirm, reject, table, or recommit. A vote to recommit will send the nomination back to committee. After a vote to reject, the Secretary of the Senate will attest to a resolution of disapproval and transmit it to the President. In the case of a vote to table, the nomination will be returned to the President by the Secretary of the Senate at the end of the session.

This report identifies 19 instances in which the Senate or the Senate Judiciary Committee voted to reject, table, or report other than favorably on district or circuit court judicial nominations in the 64 years from 1939 through 2003. Out of those 19 judicial nominations that received a vote other than favorably, two were eventually confirmed. Judicial nominations that did not receive Senate or committee action are not counted and thus are not included in the report. Senate and Senate Judiciary Committee actions on judicial nominations are discussed more generally in CRS Report RL31635, Judicial Nomination Statistics: U.S. District and Circuit Courts, 1977-2003, by Denis Steven Rutkus and Mitchel A. Sollenberger. This report will be updated if the Senate or the Senate Judiciary Committee votes other than favorably on another judicial nomination.