President Bush, the Senate and the Federal Judiciary: Unprecedented Situation Calls for Unprecedented Solution

Table 1


Percentage of Courts of Appeals Nominees Not Confirmed Calculated by Nominations per Congress




Presidents Reagan and

George H.W. Bush
(1987 - 1992)


President Clinton
(1995 - 2000)




100th Congress - Democratic Control



26 nominations - 9 not confirmed

104th Congress - Republican Control



20 nominations - 9 not confirmed


101st Congress - Democratic Control



23 nominations - 1 not confirmed

105th Congress - Republican Control



30 nominations - 10 not confirmed


102nd Congress - Democratic Control



31 nominations - 11 not confirmed

106th Congress - Republican Control



34 nominations - 19 not confirmed


Total: out of 80 nominations, 21 not confirmed =


26.3 percent not confirmed


Total: out of 84 nominations, 38 not confirmed =


45.3 percent not confirmed





Clinton non-confirmation rate is 72 percent higher than Reagan-Bush non-confirmation rate

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