R40470
Senate Rejections and Committee Votes Other Than to Report Favorably, 1939-2009
March 24, 2009
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Summary
Once a nomination to a U.S. circuit court of appeals or district court judgeship is submitted to the Senate by the President, the Senate almost invariably refers it to the Senate Judiciary Committee. If the Judiciary Committee schedules a vote on a nominee, it usually will vote on a motion to report the nomination favorably. However, the committee could also vote on a motion to report without recommendation, to report unfavorably, or to table the nomination. If the committee votes to reportwhether favorably, without recommendation, or unfavorablythe nomination moves to the full Senate. By contrast, the nomination remains in committee if the committee votes against reporting, if there is no committee vote on the nomination, or if the committee votes to table the nomination. Once a nomination is reported to the Senate by the Judiciary Committee, the nomination is listed on the Senates Executive Calendar, with Senate consideration of the nomination scheduled by the majority leader. On rare occasions, the Senate, when voting on confirmation, has rejected a circuit or district court nomination. In such cases, the nomination is then returned to the President with a resolution of disapproval. Between 1939 and the adjournment sine die of the 110th Congress on January 2, 2009, 19 U.S. circuit or district court nominations received other than a favorable vote from the Senate, the Senate Judiciary Committee, or both. Among these 19 nominations were 6 (all to the district courts) that the Senate voted to reject the nomination and 18 on which the Judiciary Committee voted other than to report favorably. This report lists the votes cast by the Judiciary Committee and the Senate on each of the 19 nominations and identifies senatorial courtesy, ideological disagreement, and concern over nominees qualifications as among the circumstances that led to committee consideration of actions other than a favorable 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 (out of print, available from CRS upon request); CRS Report RL31868, U.S. Circuit and District Court Nominations by President George W. Bush During the 107th-109th Congresses; and CRS Report RL33953, Nominations to Article III Lower Courts by President George W. Bush During the 110th Congress. This report will be updated as events warrant.
