Ronald Reagan judicial appointment controversies
Encyclopedia
During President Ronald Reagan
's presidency, he nominated at least twelve people for various federal appellate judgeships
who were not confirmed. In some cases, the nominations were not processed by the Democratic-controlled Senate Judiciary Committee before Reagan's presidency ended, while in other cases, nominees were rejected by the Senate Judiciary Committee or even blocked by unfriendly members of the Republican Party. Three of the nominees were renominated by Reagan's successor, President George H. W. Bush
. Two of the nominees, Ferdinand Francis Fernandez and Guy G. Hurlbutt, were nominated after July 1, 1988, the traditional start date of the unofficial Thurmond Rule
during a presidential election year. Eight of the twelve seats eventually were filled by appointees of President George H. W. Bush
.
attorney Judith Whittaker, who is the daughter-in-law of the late Supreme Court associate justice Charles Evans Whittaker
, to a vacancy on the United States Court of Appeals for the Eighth Circuit
that had been created by the decision by Floyd Robert Gibson
to take senior status
. Whittaker, a Republican, was dropped from consideration in December 1982 before being formally nominated, amid grassroots concerns among conservatives about Whittaker's support of the Equal Rights Amendment
and published rumors suggesting that she favored abortion rights. Ultimately, the White House nominated John R. Gibson
in 1982 to the seat, and he was confirmed by the United States Senate
.
In 1982, Reagan strongly and publicly had considered nominating New Orleans lawyer Ben C. Toledano to a seat on the United States Court of Appeals for the Fifth Circuit
to replace Robert Andrew Ainsworth, Jr.
, who had died in 1981. Toledano was recommended for the position by Louisiana's Republican leadership, including then-Gov. David C. Treen
. However, Toledano's nomination was opposed by local and state chapters of the National Association for the Advancement of Colored People
and a local group of African-American attorneys, who cited Toledano's involvement in his 20s as an active supporter of racial segregation and his efforts to organize the segregationist States' Rights Party of Louisiana. (It should also be noted, however, that a number of prominent Louisiana blacks supported the nomination.) In December 1982, Reagan's Counsel to the President, Fred Fielding, wrote in a memo that the joint White House-Justice Department working group "has identified Benjamin C. Toledano...as a well-qualified candidate for nomination to the existing vacancy on the 5th Circuit Court of Appeals. However, we believe the facts described below should be brought to your personal attention before further action occurs on the part of this prospective nominee." Fielding's memo described Toledano's past and the opposition to his nomination by a committee of the American Bar Association
. Several days later, the White House informed Toledano that it would not proceed with his nomination, and evidence shows that Reagan himself personally made the decision. Reagan wound up nominating W. Eugene Davis
to the seat, and he was confirmed in 1983.
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....
's presidency, he nominated at least twelve people for various 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 confirmed. In some cases, the nominations were not processed by the Democratic-controlled Senate Judiciary Committee before Reagan's presidency ended, while in other cases, nominees were rejected by the Senate Judiciary Committee or even blocked by unfriendly members of the Republican Party. Three of the nominees were renominated by Reagan's successor, President George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
. Two of the nominees, Ferdinand Francis Fernandez and Guy G. Hurlbutt, were nominated after July 1, 1988, 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. Eight of the twelve seats eventually were filled by appointees of President George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
.
List of failed nominees
- United States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Second CircuitThe United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
- New York seat - Stuart A. SummitStuart A. SummitStuart A. Summit is an American lawyer, a former New York City official and a former federal judicial nominee to the United States Court of Appeals for the Second Circuit whose nomination died in 1988 due to unexpected opposition by a U.S...
(judgeship later filled by George H. W. Bush nominee John M. Walker, Jr.John M. Walker, Jr.John Mercer Walker, Jr. is a judge of the United States Court of Appeals for the Second Circuit and a cousin of U.S. Presidents George H. W. Bush and George W. Bush...
)
- New York seat - Stuart A. Summit
- United States Court of Appeals for the Fifth CircuitUnited States Court of Appeals for the Fifth CircuitThe 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...
- Louisiana seat - David C. TreenDavid C. TreenDavid Conner "Dave" Treen, Sr. , was an American attorney and politician from Mandeville, St. Tammany Parish, Louisiana – the first Republican Governor of the U.S. state of Louisiana since Reconstruction. He was the first Republican in modern times to have served in the U.S...
(judgeship later filled by Reagan nominee John Malcolm Duhé, Jr.John Malcolm Duhé, Jr.John Malcolm Duhé, Jr. is a retired senior judge on the New Orleans-based Fifth Circuit Court of Appeals. He currently practices law in Lafayette....
) - Louisiana seat - Jacques L. Wiener, Jr.Jacques L. Wiener, Jr.Jacques Loeb Wiener, Jr. is a judge of the United States Court of Appeals for the Fifth Circuit. His chambers are in New Orleans, Louisiana....
(judgeship later filled by George H. W. Bush nominee Jacques L. Wiener, Jr.Jacques L. Wiener, Jr.Jacques Loeb Wiener, Jr. is a judge of the United States Court of Appeals for the Fifth Circuit. His chambers are in New Orleans, Louisiana....
; he was renominated for the seat by Bush) - Texas seat - Lino GragliaLino GragliaLino A. Graglia , Italian American, is the Dalton Cross Professor of Law at the University of Texas specializing in antitrust litigation. He earned a BA from the City College of New York in 1952, and an LLB from Columbia University in 1954, before working in the Eisenhower administration's United...
(judgeship later filled by Reagan nominee Jerry Edwin SmithJerry Edwin SmithJerry Edwin Smith is a judge on the United States Court of Appeals for the Fifth Circuit. He was nominated by President Ronald Reagan on June 2, 1987 and confirmed by the Senate on December 19, 1987. Smith received his commission for the seat, which was created by 98 Stat...
)
- Louisiana seat - David C. Treen
- United States Court of Appeals for the Seventh CircuitUnited States Court of Appeals for the Seventh CircuitThe 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...
- Indiana seat - William F. HarveyWilliam F. HarveyWilliam F. Harvey is an American law professor who is the Carl M. Gray Professor Emeritus of Advocacy at Indiana University McKinney School of Law in Indianapolis, IN....
(judgeship later filled by Reagan nominee Kenneth Ripple)
- Indiana seat - William F. Harvey
- United States Court of Appeals for the Ninth CircuitUnited States Court of Appeals for the Ninth CircuitThe United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
- California seat - Bernard SieganBernard SieganBernard H. Siegan was a longtime law professor at the University of San Diego School of Law, libertarian legal theorist and a former federal judicial nominee to the United States Court of Appeals for the Ninth Circuit...
(judgeship later filled by George H. W. Bush nominee Ferdinand Francis FernandezFerdinand Francis FernandezFerdinand Francis Fernandez is a United States federal judge.Born in Pasadena, California, Fernandez received a B.S. from the University of Southern California in 1958, a J.D. from the University of Southern California Law School in 1962, and an LL.M. from Harvard Law School in 1963. He was a law...
) - California seat - Ferdinand Francis FernandezFerdinand Francis FernandezFerdinand Francis Fernandez is a United States federal judge.Born in Pasadena, California, Fernandez received a B.S. from the University of Southern California in 1958, a J.D. from the University of Southern California Law School in 1962, and an LL.M. from Harvard Law School in 1963. He was a law...
(judgeship later filled by George H. W. Bush nominee Ferdinand Francis FernandezFerdinand Francis FernandezFerdinand Francis Fernandez is a United States federal judge.Born in Pasadena, California, Fernandez received a B.S. from the University of Southern California in 1958, a J.D. from the University of Southern California Law School in 1962, and an LL.M. from Harvard Law School in 1963. He was a law...
; he was renominated for the seat by Bush) - California seat - Pamela Ann RymerPamela Ann RymerPamela Ann Rymer was a United States federal judge.Born in Knoxville, Tennessee, Rymer earned an A.B. from Vassar College in 1961 and an LL.B. from Stanford Law School in 1964. She was Director of Political Research and Analysis for the Goldwater for President Committee in 1964...
(judgeship later filled by George H. W. Bush nominee Pamela Ann RymerPamela Ann RymerPamela Ann Rymer was a United States federal judge.Born in Knoxville, Tennessee, Rymer earned an A.B. from Vassar College in 1961 and an LL.B. from Stanford Law School in 1964. She was Director of Political Research and Analysis for the Goldwater for President Committee in 1964...
; she was renominated for the seat by Bush) - Idaho seat - Guy G. HurlbuttGuy G. HurlbuttGuy Gordon Hurlbutt is an Idaho lawyer, a former United States Attorney, a former federal judicial nominee to the United States Court of Appeals for the Ninth Circuit and a former Idaho state official.- Early life and education :...
(judgeship later filled by George H. W. Bush nominee Thomas G. NelsonThomas G. Nelson (Idaho judge)Thomas G. Nelson was a United States federal judge.Nelson was born in Idaho Falls, Idaho. He received an LL.B. from University of Idaho College of Law in 1962. He served as Assistant state attorney general and chief deputy state attorney general of Idaho Office of the State Attorney General, from...
)
- California seat - Bernard Siegan
- United States Court of Appeals for the District of Columbia CircuitUnited States Court of Appeals for the District of Columbia CircuitThe United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
- Seat - Judith Richards HopeJudith Richards HopeJudith Richards Hope is a lawyer, law professor, and corporate director. She is currently a visiting law professor at Georgetown University in addition to being the president and CEO of an international consulting firm called Hope & Company, P.C...
(judgeship later filled by George H. W. Bush nominee Clarence ThomasClarence ThomasClarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
)
- Seat - Judith Richards Hope
- United States Court of Appeals for the Federal CircuitUnited States Court of Appeals for the Federal Circuit-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
- Seat - Susan LiebelerSusan LiebelerSusan Wittenberg Liebeler is an American lawyer and businesswoman, a former official in the administration of President Ronald Reagan, and a former federal judicial nominee to the United States Court of Appeals for the Federal Circuit....
(judgeship later filled by George H. W. Bush nominee S. Jay PlagerS. Jay PlagerSheldon Jay Plager is a Judge for the United States Court of Appeals for the Federal Circuit.He received his Bachelors degree from the University of North Carolina in 1952, and his Juris Doctorate from the University of Florida College of Law in 1958, followed by an LL.M. from Columbia Law School...
) - Seat - Sherman UngerSherman UngerSherman E. Unger was a former official in the administrations of Presidents Richard Nixon and Ronald Reagan, with his final role being the top lawyer for the United States Department of Commerce...
(judgeship later filled by Reagan nominee Jean Galloway BissellJean Galloway BissellJean Galloway Bissell was a South Carolina attorney who became a high-ranking bank executive, and later a judge on the United States Court of Appeals for the Federal Circuit.- Early life and education :...
)
- Seat - Susan Liebeler
Others who were considered for nomination
In 1981, Reagan strongly and publicly had considered nominating Hallmark CardsHallmark Cards
Hallmark Cards is a privately owned American company based in Kansas City, Missouri. Founded in 1910 by Joyce C. Hall, Hallmark is the largest manufacturer of greeting cards in the United States. In 1985, the company was awarded the National Medal of Arts....
attorney Judith Whittaker, who is the daughter-in-law of the late Supreme Court associate justice Charles Evans Whittaker
Charles Evans Whittaker
Charles Evans Whittaker was an Associate Justice of the United States Supreme Court from 1957 to 1962.-Early years:...
, to a vacancy 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...
that had been created by the decision by Floyd Robert Gibson
Floyd Robert Gibson
Floyd Robert Gibson was a United States federal judge.Born in Prescott, Arizona, Gibson received an A.B. from the University of Missouri in 1931 and an LL.B. from the University of Missouri-Columbia School of Law in 1933. He was in private practice in Independence, Missouri from 1933 to 1937...
to take senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
. Whittaker, a Republican, was dropped from consideration in December 1982 before being formally nominated, amid grassroots concerns among conservatives about Whittaker's support of the Equal Rights Amendment
Equal Rights Amendment
The Equal Rights Amendment was a proposed amendment to the United States Constitution. The ERA was originally written by Alice Paul and, in 1923, it was introduced in the Congress for the first time...
and published rumors suggesting that she favored abortion rights. Ultimately, the White House nominated 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 :...
in 1982 to the seat, and he was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
.
In 1982, Reagan strongly and publicly had considered nominating New Orleans lawyer Ben C. Toledano to a seat on the 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...
to replace Robert Andrew Ainsworth, Jr.
Robert Andrew Ainsworth, Jr.
Robert Andrew Ainsworth, Jr. was a United States federal judge.Born in Gulfport, Mississippi, Ainsworth received an LL.B. from Loyola University New Orleans School of Law in 1932. He was in private practice in New Orleans, Louisiana from 1932 to 1961. He was s Lieutenant in the United States Navy...
, who had died in 1981. Toledano was recommended for the position by Louisiana's Republican leadership, including then-Gov. David C. Treen
David C. Treen
David Conner "Dave" Treen, Sr. , was an American attorney and politician from Mandeville, St. Tammany Parish, Louisiana – the first Republican Governor of the U.S. state of Louisiana since Reconstruction. He was the first Republican in modern times to have served in the U.S...
. However, Toledano's nomination was opposed by local and state chapters of the National Association for the Advancement of Colored People
National Association for the Advancement of Colored People
The National Association for the Advancement of Colored People, usually abbreviated as NAACP, is an African-American civil rights organization in the United States, formed in 1909. Its mission is "to ensure the political, educational, social, and economic equality of rights of all persons and to...
and a local group of African-American attorneys, who cited Toledano's involvement in his 20s as an active supporter of racial segregation and his efforts to organize the segregationist States' Rights Party of Louisiana. (It should also be noted, however, that a number of prominent Louisiana blacks supported the nomination.) In December 1982, Reagan's Counsel to the President, Fred Fielding, wrote in a memo that the joint White House-Justice Department working group "has identified Benjamin C. Toledano...as a well-qualified candidate for nomination to the existing vacancy on the 5th Circuit Court of Appeals. However, we believe the facts described below should be brought to your personal attention before further action occurs on the part of this prospective nominee." Fielding's memo described Toledano's past and the opposition to his nomination by a committee of 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...
. Several days later, the White House informed Toledano that it would not proceed with his nomination, and evidence shows that Reagan himself personally made the decision. Reagan wound up nominating W. Eugene Davis
W. Eugene Davis
W. Eugene Davis is a judge of the United States Court of Appeals for the Fifth Circuit. His chambers are in Lafayette, Louisiana.Born in Winfield, Alabama, Davis attended the University of Alabama and Samford University. After three years at Samford, he received a scholarship to Tulane University...
to the seat, and he was confirmed in 1983.
See also
- Ronald Reagan Supreme Court candidatesRonald Reagan Supreme Court candidatesSpeculation abounded over potential nominations to the Supreme Court of the United States by Ronald Reagan even before his presidency officially began, due to the advanced ages of several justices, and Reagan's own highlighting of Supreme Court nominations as a campaign issue...
- United States federal judgeUnited States federal judgeIn 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 historyFederal judicial appointment historyThe 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...