Federal Vacancy Warning System: 2011

Key: (Numbers indicate % of seats vacant.) 0% 0%-10% 10%-25% 25%-40% More than 40%

In 2011, President Barack Obama nominated 102 judges to the federal courts: 15 to the Court of Appeals, 84 to the District Court, and 3 to special jurisdiction courts. Additionally, President Obama nominated 9 to the District of Columbia Courts.

That year, the United States Senate confirmed 9 Circuit Court judges and 55 District Court judges. A total of 11 nominations were returned to the president.

Total vacancies

At the beginning of 2011, there were 95 total vacancies across the federal courts, the equivalent of 10.9%. That number decreased over the course of the year, with the final count showing 82 vacancies at 9.4%.

Confirmations

In 2010, the Senate confirmed 1 Justice to the Supreme Court, 13 Circuit Court judges and 35 District Court judges. The most productive month of United States Senate was October 2011, during which time 15 judges were confirmed. No judges were confirmed during the month of January, but following that, the lowest months for confirmations were July and September, during which the Senate confirmed 3 judges each.

Vacancy Count by month

The weekly Vacancy Count tracks nominations for Article III posts only. This yearly overview also follows the nominations of judges to Article I courts and District of Columbia courts. For that reason, the number of judges nominated will vary between the Vacancy Count and total nominees.

December 2011

In December 2011, there were 2 nominations, 5 confirmations and 3 vacancies created. The Vacancy Warning Level remained at Blue throughout the month, with vacancies at 9.1 percent at the beginning and 8.9 percent at the end. Though the overall percentage did not change much, significant confirmations and retirements occurred in the following districts: confirmations on the Ninth Circuit and Middle District of Florida brought the Vacancy Warning Level down to Blue a confirmation on the District of Montana brought the Vacancy Warning Level from Orange to Green a vacancy on the District of Nebraska elevated the Vacancy Warning Level from Green to Orange Interestingly, on December 6, the United States Senate filibustered the nomination of Caitlin Halligan to the United States Court of Appeals for the District of Columbia Circuit. Of the filibuster, President Barack Obama said, "... Today’s vote dramatically lowers the bar used to justify a filibuster, which had required “extraordinary circumstances.” The only extraordinary things about Ms. Halligan are her qualifications and her intellect." For a more in-depth look at December 2011, please see the weekly reports. Federal Courts, Empty Benches:The Wednesday Vacancy Count 12/21/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 12/14/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 12/7/2011

November 2011

In November 2011, there were 11 nominations, 6 confirmations and 3 vacancies created. The Vacancy Warning Level remained at Blue throughout the month, with vacancies at 9.4 percent at the beginning and 9.1 percent at the end. Note: This month, Roy W. McLeese was nominated for the District of Columbia Court of Appeals. Significant confirmations and retirements occurred in the following districts: confirmations in the Second Circuit, District of Alaska, Northern District of California, District of Delaware and District of Wyoming lowered the Vacancy Warning Level to Green a confirmation on the Federal Circuit lowered the Vacancy Warning Level to Blue vacancies on the District Court for the District of Columbia, Western District of Kentucky and District of Connecticut elevated the Vacancy Warning Level to Yellow Also, this month President Obama withdrew the nomination of Edward C. DuMont to the United States Court of Appeals for the Federal Circuit. DuMont asked the President to withdraw his nomination following the inaction of the Senate Judiciary Committee in scheduling a hearing. DuMont was first nominated for the court on April 14, 2010. For a more in-depth look at November 2011, please see the weekly reports. Federal Courts, Empty Benches:The Wednesday Vacancy Count 11/30/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 11/23/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 11/16/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 11/9/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 11/2/2011

October 2011

In October 2011, there were 2 nominations, 15 confirmations and 5 vacancies created. The Vacancy Warning Level dropped from Yellow to Blue this month, with vacancies at 10.3 percent at the beginning and 9.6 percent at the end. With fifteen confirmations this month, the Senate changed the composition of several courts. confirmations on the Western District of Arkansas, District of Maine and Western District of Pennsylvania filled all the vacancies on those courts, lowering the Vacancy Warning Level to Green confirmations lowered the Vacancy Warning Level to Blue on the Fourth Circuit, Southern District of Florida and Eastern District of Louisiana, Western District of Pennsylvania a confirmation on the Middle District of Pennsylvania dropped the Vacancy Warning Level from Red to Orange a confirmation on the Southern District of New York dropped the Vacancy Warning Level from Orange to Yellow For a more in-depth look at October 2011, please see the weekly reports. Federal Courts, Empty Benches:The Wednesday Vacancy Count 10/26/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 10/19/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 10/12/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 10/5/2011

September 2011

In September 2011, there were 5 nominations, 3 confirmations and 5 vacancies created. The Vacancy Warning Level remained at Yellow this month, with vacancies at 10.5 percent at the beginning and 10.6 percent at the end. The following transitions occurred on individual courts: a confirmation on the District of South Carolina, filled an almost four-year vacancy on the court, dropping the Vacancy Warning Level from Blue to Green vacancies on the District of Oregon and Western District of Tennessee increased the Vacancy Warning Level from Green to Yellow a vacancy on the Southern District of New York increased the Vacancy Warning Level from Yellow to Orange At the beginning of September, the Obama administration released an infographic entitled "President Obama's Judicial Nominees: Historical Successes, Historical Delays." In it, the administration highlighted the increased diversity of federal judicial nominees and delays in the Senate confirmation process. For a more in-depth look at September 2011, please see the weekly reports. Federal Courts, Empty Benches:The Wednesday Vacancy Count 9/28/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 9/21/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 9/14/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 9/7/2011

August 2011

In August 2011, there were 2 nominations, 4 confirmations and 7 vacancies created. The Vacancy Warning Level fluctuated between Yellow and Blue this month, with vacancies at 10.3 percent at the beginning and 10.5 percent at the end. The following transitions occurred: confirmations decreased the Vacancy Warning Level on the District of Colorado and Central District of Illinois from Yellow to Green vacancies on the Federal Circuit, District of Massachusetts, Western District of Missouri, Southern District of New York and District of Puerto Rico elevated the Vacancy Warning Level to Yellow a vacancy on the District of Montana raised the Vacancy Warning Level from Green to Orange a vacancy on the District of New Jersey elevated the Vacancy Warning Level to Blue For a more in-depth look at August 2011, please see the weekly reports. Federal Courts, Empty Benches:The Wednesday Vacancy Count 8/31/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 8/24/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 8/17/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 8/10/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 8/3/2011

July 2011

In July 2011, there were 4 nominations, 3 confirmations and 3 vacancies created. The Vacancy Warning Level remained at Yellow this month, with vacancies at 10 percent at the beginning and 10.1 percent at the end. Note: This month there was a confirmation to the District Court for the Northern Mariana Islands. Also, three judges were nominated to the District of Columbia Superior Court. Significant transitions occurred in the following: confirmations on the District of New Jersey and District of Oregon reduced the Vacancy Warning Level to Green vacancies on the Northern District of Florida, District of Nevada and Southern District of Texas elevated the Vacancy Warning Level to Yellow a vacancy on the District of Massachusetts increased the Vacancy Warning Level to Blue For a more in-depth look at July 2011, please see the weekly reports. Federal Courts, Empty Benches:The Wednesday Vacancy Count 7/27/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 7/20/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 7/13/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 7/6/2011

June 2011

In June 2011, there were 7 nominations, 3 confirmations and 3 vacancies created. The Vacancy Warning Level went down to Blue this month, with vacancies at 10.1 percent at the beginning and 9.9 percent at the end. Note: This month a new vacancy was created on the Court of International Trade. Also, Catharine Easterly was nominated to the District of Columbia Court of Appeals. Significant transitions occurred in the following: confirmations filled the only vacancies on the District of New Jersey and District of Oregon, bringing the Vacancy Warning Level down to Green a vacancy on the Northern District of Florida elevated the Vacancy Warning Level from Green to Yellow a vacancy on the District of Massachusetts raised the Vacancy Warning Level from Green to Blue For a more in-depth look at June 2011, please see the weekly reports. Federal Courts, Empty Benches:The Wednesday Vacancy Count 6/29/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 6/22/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 6/15/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 6/8/2011

May 2011

In May 2011, there were 15 nominations, 7 confirmations and 2 vacancies created. The Vacancy Warning Level was Yellow in the beginning of May and down to Blue in mid-month. As of May 4, vacancies were at 10.4 percent and in the last Vacancy Count of the month, on May 18, at 9.8%. Significant transitions occurred on the following courts: confirmations on the Middle District of Florida, District of Rhode Island, Middle District of Tennessee, Eastern District of Virginia and Western District of Virginia filled the all vacancies on the courts, lowering the Vacancy Warning Level to Green confirmations on the Second Circuit and Northern District of California brought the Vacancy Warning Level down to Blue vacancies on the District of Nevada and Western District of Missouri elevated the Vacancy Warning Level to Yellow For a more in-depth look at May 2011, please see the weekly reports. Federal Courts, Empty Benches:The Wednesday Vacancy Count 5/18/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 5/11/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 5/4/2011

April 2011

In April 2011, there were 2 nominations, 3 confirmations and 2 vacancies created. The Federal Vacancy Level did not change throughout the month, beginning and ending with Yellow and 10.5 percent vacancies. Though the overall number of vacant seats did not change, the following significant transitions occurred: confirmations on the Middle District of Florida and Middle District of Tennessee filled all vacancies, bringing the Vacancy Warning Level down to Green a confirmation to the Federal Circuit lowered the Vacancy Warning Level to Blue vacancies on the Western District of Missouri and Southern District of New York raised the Vacancy Warning Level to Yellow For a more in-depth look at April 2011, please see the weekly reports. Federal Courts, Empty Benches:The Wednesday Vacancy Count 4/27/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 4/20/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 4/13/2011 Federal Courts, Empty Benches:The Wednesday Vacancy Count 4/6/2011

January-March

The Federal Court Vacancy Warning System was introduced on Judgepedia in April 2011. Therefore, previous months of the year do not include any archived vacancy data or maps. All information pulled from these months come from official White House and Senate sources.

March

In March 2011, there were 7 nominations and 7 confirmations.

Note: In this month, Corinne Ann Beckwith was nominated to the District of Columbia Court of Appeals.

February

In February 2011, there were 3 nominations and 7 confirmations.

Note: In this month, four judges were nominated to the District of Columbia Superior Court.

January

In January 2011, there were 40 nominations and no confirmations.

Nominated in 2011

Judges on this tab were nominated for the federal courts in 2011; judges may have been confirmed in 2012 or 2013.

The average amount of time it took from nomination to confirmation in 2011 was 239 days.

December

Two nominations were announced in December 2011.

Name	Court	Date nominated	Date confirmed	Nomination returned	Renominated	Time between nomination and confirmation
John T. Fowlkes	Western District of Tennessee	12/16/2011	7/10/2012			207 days
Kevin McNulty	District of New Jersey	12/16/2011	7/16/2012			213 days

November

Fourteen nominations were announced in November 2011.

Name	Court	Date nominated	Date confirmed	Nomination returned	Renominated	Time between nomination and confirmation
Robert Shelby	District of Utah	11/30/2011	9/22/2012			297 days
Robin Rosenbaum	Southern District of Florida	11/30/2011	6/26/2012			209 days
Timothy Hillman	District of Massachusetts	11/30/2011	6/4/2012			187 days
Gershwin Drain	Eastern District of Michigan	11/17/2011	8/2/2012			259 days
Roy W. McLeese	District of Columbia Court of Appeals	11/17/2011	5/24/2012			190 days
Richard Gary Taranto	United States Court of Appeals for the Federal Circuit	11/20/2011	3/11/2013			487 days
Gonzalo P. Curiel	Southern District of California	11/10/2011	9/22/2012			317 days
John Z. Lee	United States District Court for the Northern District of Illinois	11/10/2012	5/7/2012			179 days
George L. Russell III	District of Maryland	11/10/2011	5/14/2012			176 days
John Tharp, Jr.	Northern District of Illinois	11/10/2011	5/14/2012			186 days
William Pollard	United States Court of Military Commission Review	11/10/2011
Scott L. Silliman	United States Court of Military Commission Review	11/10/2011
Andrew Hurwitz	Ninth Circuit	11/2/2011	6/12/2012			223 days
Kristine Gerhard Baker	Eastern District of Arkansas	11/2/2011	5/7/2012			187 days

October

Two nominations were announced in October 2011.

Name	Court	Date nominated	Date confirmed	Nomination returned	Renominated	Time between nomination and confirmation
Paul Watford	Ninth Circuit	10/17/2011	5/21/2012			217 days
Patty Shwartz	Third Circuit	10/5/2011	4/9/2013			553 days

September

Five nominations were announced in September 2011.

Name	Court	Date nominated	Date confirmed	Nomination returned	Renominated	Time between nomination and confirmation
Jacqueline Nguyen	Ninth Circuit	9/22/2011	5/7/2012			228 days
Brian C. Wimes	Eastern District of Missouri and Western District of Missouri	9/22/2011	4/23/2012			214 days
David Guaderrama	Western District of Texas	9/14/2011	4/26/2012			215 days
Stephanie Thacker	Fourth Circuit	9/8/2011	4/16/2012			221 days
Gregg Costa	Southern District of Texas	9/8/2011	4/16/2012			231 days

August

Two nominations were announced in August 2011.

Name	Court	Date nominated	Date confirmed	Nomination returned	Renominated	Time between nomination and confirmation
Miranda Du	District of Nevada	8/2/2011	3/28/2012			239 days
Adalberto Jordan	Eleventh Circuit	8/2/2011	2/15/2012			197 days

July

Seven nominations were announced in July 2011.

Name	Court	Date nominated	Date confirmed	Nomination returned	Renominated	Time between nomination and confirmation
Evan Wallach	Federal Circuit	7/28/2011	11/8/2011			103 days
Ronnie Abrams	Southern District of New York	7/28/2011	3/22/2012			238 days
Rudolph Contreras	United States District Court for the District of Columbia	7/28/2011	3/22/2012			238 days
Michael Fitzgerald	Central District of California	7/20/2011	3/15/2012			239 days
Danya Ariel Dayson	District of Columbia Superior Court	7/11/2011	11/18/2011			130 days
Peter Arno Krauthamer	District of Columbia Superior Court	7/11/2011	11/18/2011			130 days
John McCabe, Jr.	District of Columbia Superior Court	7/11/2011	11/18/2011			130 days

June

Eight nominations were announced in June 2011.

Name	Court	Date nominated	Date confirmed	Nomination returned	Renominated	Time between nomination and confirmation
David Nuffer	District of Utah	6/29/2011	3/22/2012			267 days
Thomas Rice	Eastern District of Washington	6/29/2011	3/6/2012			251 days
Jennifer Zipps	District of Arizona	6/23/2011	10/3/2011			102 days
Catharine Easterly	District of Columbia Court of Appeals	6/15/2011	11/2011			150 days
Margo Brodie	Eastern District of New York	6/7/2011	2/27/2012			265 days
Susie Morgan	Eastern District of Louisiana	6/7/2011	3/28/2012			295 days
Jesse Furman	Southern District of New York	6/7/2011	2/17/2012			255 days
Mary Elizabeth Phillips	Western District of Missouri	6/7/2011	3/6/2012			273 days

May

Fifteen nominations were announced in May 2011.

Name	Court	Date nominated	Date confirmed	Nomination returned	Renominated	Time between nomination and confirmation
James Gilstrap	Eastern District of Texas	5/19/2011	12/5/2011			200 days
Gina Marie Groh	Northern District of West Virginia	5/19/2011	3/15/2012			208 days
Andrew L. Carter, Jr.	Southern District of New York	5/19/2011	12/5/2011			200 days
Morgan Christen	Ninth Circuit	5/18/2011	12/15/2011			211 days
Richard G. Andrews	District of Delaware	5/11/2011	11/3/2011			176 days
Cathy Bencivengo	Southern District of California	5/11/2011	2/9/2012			274 days
Jeffrey J. Helmick	Northern District of Ohio	5/11/2011	6/6/2012			392 days
Stephen Higginson	Fifth Circuit	5/9/2011	10/31/2011			179 days
Edgardo Ramos	Southern District of New York	5/4/2011	12/5/2011			215 days
Christopher Droney	Second Circuit	5/4/2011	11/28/2011			208 days
Dana Christensen	District of Montana	5/4/2011	12/5/2011			215 days
John Gerrard	District of Nebraska	5/4/2011	1/23/2012			264 days
Yvonne Gonzalez Rogers	Northern District of California	5/4/2011	11/15/2011			195 days
Robert N. Scola, Jr.	Southern District of Florida	5/4/2011	10/19/2011			168 days
Katherine Forrest	Southern District of New York	5/4/2011	10/13/2011			162 days

April

Two nominations were announced in April 2011.

Name	Court	Date nominated	Date confirmed	Nomination returned	Renominated	Time between nomination and confirmation
Susan Hickey	Western District of Arkansas	4/6/2011	10/13/2011			190 days
Sharon Gleason	District of Alaska	4/6/2011	11/15/2011			223 days

March

Eight nominations were announced in March 2011.

Name	Court	Date nominated	Date confirmed	Nomination returned	Renominated	Time between nomination and confirmation
Corinne Ann Beckwith	District of Columbia Court of Appeals	3/31/2011	11/18/2011			232 days
Alison J. Nathan	Southern District of New York	3/31/2011	10/13/2011			196 days
Mary Geiger Lewis	District of South Carolina	3/16/2011	6/18/2012			460 days
Jane Triche-Milazzo	Eastern District of Louisiana	3/16/2011	10/11/2011			209 days
William Kuntz	Eastern District of New York	3/9/2011	10/3/2011			208 days
Nannette Brown	Eastern District of Louisiana	3/2/2011	10/3/2011			215 days
Wilma Lewis	United States District Court for the U.S. Virgin Islands	3/2/2011	6/30/2011			120 days
Nancy Torresen	District of Maine	3/2/2011	10/3/2011			215 days

February

Six nominations were announced in February 2011.

Name	Court	Date nominated	Date confirmed	Nomination returned	Renominated	Time between nomination and confirmation
Timothy M. Cain	District of South Carolina	2/16/2011	9/20/2011			216 days
Scott W. Skavdahl	District of Wyoming	2/16/2011	11/3/2011			260 days
Jennifer Di Toro	District of Columbia Superior Court	2/3/2011	10/14/2011			253 days
Donna Murphy	District of Columbia Superior Court	2/3/2011	A			A
Yvonne M. Williams	District of Columbia Superior Court	2/3/2011	8/2/2011			180 days
Paul A. Engelmayer	Southern District of New York	2/2/2011	7/26/2011			174 days

January

Forty-one nominations were announced in January 2011.

Name	Court	Date nominated	Date confirmed	Nomination returned	Renominated	Time between nomination and confirmation
Ramona V. Manglona	United States District Court for the Northern Mariana Islands	1/26/2011	7/26/2011			181 days
J. Paul Oetken	Southern District of New York	1/26/2011	7/18/2011			173 days
Nelva Gonzales Ramos	Southern District of Texas	1/26/2011	8/2/2011			188 days
Henry Floyd	Fourth Circuit	1/26/2011	10/3/2011			250 days
Cathy Bissoon	Western District of Pennsylvania	1/5/2011	10/17/2011	11/17/2010	12/22/2010	334 days
Arenda L. Wright Allen	Eastern District of Virginia	1/5/2011	5/11/2011	12/1/2010	12/22/2010	161 days
Anthony J. Battaglia	Southern District of California	1/5/2011	3/7/2011	5/20/2010	12/22/2010	291 days
James E. Boasberg	United States District Court for the District of Columbia	1/5/2011	3/14/2011	6/17/2010	12/22/2010	270 days
Vincent L. Briccetti	Southern District of New York	1/5/2011	4/12/2011	11/17/2010	12/22/2010	146 days
Susan L. Carney	Second Circuit	1/5/2011	5/17/2011	5/20/2010	12/22/2010	362 days
Claire Cecchi	District of New Jersey	1/5/2011	6/14/2011	12/1/2010	12/22/2010	195 days
Edward Chen	Northern District of California	1/5/2011	5/19/2011	8/6/2009, 1/20/2010, 9/13/2010	12/24/2009, 8/5/2010, 12/22/2010	651 days
Max O. Cogburn, Jr.	Western District of North Carolina	1/5/2011	3/10/2011	5/27/2010	12/22/2010	287 days
Mae A. D'Agostino	Northern District of New York	1/5/2011	3/28/2011	6/17/2010	9/29/2010	284 days
Roy Bale Dalton, Jr.	Middle District of Florida	1/5/2011	5/2/2011	11/17/2010	12/22/2010	166 days
Sara Lynn Darrow	Central District of Illinois	1/5/2011	8/2/2011	11/17/2010	12/22/2010	258 days
Edward J. Davila	Northern District of California	1/5/2011	2/14/2011	5/20/2010	12/22/2010	270 days
Bernice Donald	Sixth Circuit	1/5/2011	9/6/2011	12/1/2010	12/22/2010	269 days
James Graves	Fifth Circuit	1/5/2011	2/14/2011	6/10/2010	12/22/2010	249 days
Marco A. Hernandez	District of Oregon	1/5/2010	2/7/2011	7/14/2010	12/22/2010	208 days
Paul K. Holmes	Western District of Arkansas	1/5/2011	2/7/2011	4/28/2010	12/22/2010	285 days
Mark Raymond Hornak	Western District of Pennsylvania	1/5/2011	10/19/2011	12/1/2010	12/22/2010	322 days
Amy B. Jackson	United States District Court for the District of Columbia	1/5/2011	3/17/2011	6/17/2010	12/22/2010	273 days
R. Brooke Jackson	District of Colorado	1/5/2011	8/2/2011	9/29/2010	12/22/2010	307 days
Steve C. Jones	Northern District of Georgia	1/5/2011	2/28/2011	7/14/2010	12/22/2010	229 days
John A. Kronstadt	Central District of California	1/5/2011	4/12/2011	11/17/2010	12/22/2010	146 days
Robert David Mariani	Middle District of Pennsylvania	1/5/2011	10/19/2011	12/1/2010	12/22/2010	322 days
Marina Marmolejo	Southern District of Texas	1/5/2011	10/3/2011	7/28/2010	12/22/2010	432 days
John McConnell	District of Rhode Island	1/5/2011	5/4/2011	3/10/2010, 9/13/2010	12/22/2010	420 days
Sue Myerscough	Central District of Illinois	1/5/2011	3/7/2011	7/14/2010	12/22/2010	236 days
Jimmie V. Reyna	Federal Circuit	1/5/2011	4/4/2011	9/29/2010	12/22/2010	187 days
John A. Ross	Eastern District of Missouri	1/5/2011	9/20/2011	12/1/2010	12/22/2010	239 days
Esther Salas	District of New Jersey	1/5/2011	6/14/2011	12/1/2010	12/22/2010	195 days
Diana Saldana	Southern District of Texas	1/5/2011	2/7/2011	7/14/2010	12/22/2010	208 days
James E. Shadid	Central District of Illinois	1/5/2011	3/7/2011	5/27/2010	12/22/2010	284 days
Kevin Hunter Sharp	Middle District of Tennessee	1/5/2011	5/2/2011	11/17/2010	12/22/2010	166 days
Michael H. Simon	District of Oregon	1/5/2011	6/21/2011	7/14/2010	12/22/2010	342 days
Amy Totenberg	Northern District of Georgia	1/5/2011	2/28/2011	3/17/2010	12/22/1010	348 days
Michael Urbanski	Western District of Virginia	1/5/2011	5/12/2011	12/1/2010	12/22/2010	162 days
Kathleen M. Williams	Southern District of Florida	1/5/2011	8/2/2011	7/21/2010	12/22/2010	377 days

Nominations returned to President

In 2011, the following judges were nominated, or renominated, and those nominations were returned to the President by the United States Congress. All nominations that were submitted and returned to the President are included in this list, with the exception of those that were still pending years later.

Nominations withdrawn

December

Caitlin J. Halligan to the United States Court of Appeals for the District of Columbia Circuit

Relevant Dates
Date nominated: 9/19/2012   Date confirmed: N/A   Previous nomination: 9/29/2010, 1/5/2011 and 6/11/2012   Nomination returned to President: 12/22/2010 and 12/17/2011

Halligan was originally nominated to the District of Columbia Circuit in September 2010. In December of 2011, following a renomination in January 2011, the nomination was the object of a filibuster on the Senate floor. In March 2013, President Obama withdrew Halligan's nomination per her request.

Opposition to Halligan's nomination came from Senate Republicans, who considered the nominee too liberal for the District of Columbia Circuit Court. Opponents pointed to her work on lawsuits regarding gun manufacturers and illegal immigrants as evidence. In addition to Halligan's specific nomination, at the time there was significant opposition to filling any of the four vacancies on the D.C. Circuit. This revolved around the disagreement over the necessary number of seats by caseload, in addition to the difficulty of finding politically agreeable members for the court, which hears mostly appeals regarding federal agencies and constitutional challenges.

Victoria F. Nourse to the United States Court of Appeals for the 7th Circuit

Relevant Dates
Date nominated: 1/5/2011   Date confirmed: N/A   Previous nomination: 7/14/2010   Nomination returned to President: 12/22/2010 and 12/17/2011

Nourse's nomination never received a vote in committee, but was simply returned to President Obama in December of 2010 and 2011. Opposition to the nomination came from Senator Ron Johnson of Wisconsin. Though senators from the nominee's state are deferred to during the nomination process, Nourse's original nomination preceded Johnson's election to the Senate.

Senator Johnson opposed the nomination on the basis that Nourse was not well-known enough in the legal community. He said, "Victoria Nourse really has very little connection to the state of Wisconsin, and nobody in the legal community in Wisconsin knows anything about her." However, a group of legal academics wrote to the Senate Judiciary Committee to express dissatisfaction with the situation. In a letter, they said, "Typically new senators have no power to countermand completed presidential nominations."

Louis Butler to the United States District Court for the Western District of Wisconsin

Relevant Dates
Date nominated: 1/5/2011   Date confirmed: N/A   Previous nomination: 9/30/2009, 1/20/2010, 9/13/2010   Nomination returned to President: 12/24/2009, 8/5/2010, 12/22/2010, 12/17/2011

Butler was nominated to the Western District of Wisconsin four times and each time the nomination was returned to the President. He faced a hearing in November 2009, during which Republican senators were concerned about his judicial activism on the bench. The Judiciary Committee recommended Butler's nomination for a vote in the full Senate multiple times, though a vote never occurred. The nomination was returned to President Obama on December 17, 2011 and was never resubmitted.

Michael C. Green to the United States District Court for the Western District of New York

Relevant Dates
Date nominated: 1/26/2011   Date confirmed: N/A   Nomination returned to President: 12/17/2011

After his nomination was returned, Green spoke to the press and blamed local members of the Republican Party for stalling his nomination. Though he did not specifically name anyone, Green cited examples of ways that he had angered the GOP in Monroe County over the years, including defecting from the party and prosecuting certain individuals while district attorney. The Chairman of the Monroe County GOP denied those allegations and stated that no one in the local party was connected to anyone in Washington, D.C. President Obama did not resubmit the nomination in 2012.

Natasha P. Silas to the United States District Court for the Northern District of Georgia

Relevant Dates
Date nominated: 1/26/2011   Date confirmed: N/A   Nomination returned to President: 12/17/2011

The nomination of Silas was never endorsed by Georgia Senators Saxby Chambliss and Johnny Isakson, though their reasons were never made public.

Linda T. Walker to the United States District Court for the Northern District of Georgia

Relevant Dates
Date nominated: 1/26/2011   Date confirmed: N/A   Nomination returned to President: 12/17/2011

Walker was nominated at the same time as Natasha P. Silas, whose nomination was never supported by the Senators from Georgia. Though Senators Saxby Chambliss and Johnny Isakson supported Walker for the court, the Senate Judiciary Committee viewed them as a package deal and would not let one nomination go through without the other.

Stephen Six to the United States Court of Appeals for the 10th Circuit

Relevant Dates
Date nominated: 3/9/2011   Date confirmed: N/A   Nomination returned to President: 12/17/2011

The nomination of Six was opposed by Kansas Senators Jerry Moran and Pat Roberts, following his confirmation hearing in the Judiciary Committee. Major opposition to the nomination came from abortion opponents in the State of Kansas who objected to his handling of those cases while serving as Kansas Attorney General.

Arvo Mikkanen to the United States District Court for the Northern District of Oklahoma

Relevant Dates
Date nominated: 2/2/2011   Date confirmed: N/A   Nomination returned to President: 12/17/2011

Mikkanen's nomination was blocked by Oklahoma Senators Tom Coburn and Jim Inhofe, who claimed they were not consulted before the nomination was announced.

November

Edward C. DuMont to the United States Court of Appeals for the Federal Circuit

Relevant Dates
Date nominated: 1/5/2011   Date confirmed: N/A   Previous nomination: 4/14/2010   Nomination returned to President: 12/22/2010 and 11/10/2011

DuMont was nominated to the Federal Circuit twice and both times his nomination was returned to the President. Though DuMont asked Obama to withdraw his nomination, some individuals were not satisfied with the explanation of "opposition of the Committee minority" as a reason for doing so. Because the Senate Judiciary Committee never scheduled a hearing, some suggested that there must have been an issue with the background investigation. Others thought that DuMont's sexuality, which would have made him the nation's first openly gay appellate judge, was the issue.

October

Charles Day to the United States District Court for the District of Maryland

Relevant Dates
Date nominated: 1/5/2011   Date confirmed: N/A   Previous nomination: 7/21/2010   Nomination returned to President: 12/22/2010 and 10/31/2011

Day's nomination was returned to President Obama twice without a hearing in the Senate Judiciary Committee, despite having served as a magistrate of the court for fourteen years and a rating of "Unanimously Well Qualified" by the American Bar Association. President Obama withdrew the nomination on October 31, 2011, with no explanation.

May

Goodwin Liu to the United States Court of Appeals for the 9th Circuit

Relevant Dates
Date nominated: 1/5/2011   Date confirmed: N/A   Previous nomination: 2/24/2010 and 9/13/2010   Nomination returned to President: 8/5/2010 and 12/22/2010

Liu was originally nominated to the Ninth Circuit in February 2010. In August of that year, the Senate returned the nomination to the President; Liu was renominated in September 2010 and January 2011. Because he was deemed too liberal, Senate Republicans filibustered Liu's nomination in May 2011. Later that month, Liu asked President Obama to withdraw his nomination to the Ninth Circuit. Goodwin Liu was later appointed to the California Supreme Court.