Three Judges Confirmed by the Senate

The Senate has confirmed three new judges to the federal bench: Jacqueline Nguyen to the Ninth Circuit Court of Appeals, Kristine Baker to the Eastern District of Arkansas, and John Lee to the Northern District of Illinois. Nguyen received an overwhelmingly bipartisan vote of 91-3. Baker and Lee were confirmed on voice votes. 

All three judges are filling seats that have been designated as emergency vacancies, meaning there are not enough judges in the courts to hear the cases coming before them in a timely manner. Republican intransigence at every step of the nominations process has caused these nominees to be held up in the Senate for far too long.

Nguyen was stalled in the Senate for 159 days awaiting her final vote; 225 days have passed since she was first nominated. Baker, nominated 188 days ago, has been waiting 82 days for her Senate vote. Lee has also been waiting 82 days for his confirmation vote; 180 days have passed since he was nominated.

With the confirmation of these three judges, 93 current and future federal judicial vacancies remain; a third of them (34) are judicial emergencies.

The votes on Nguyen, Baker, and Lee bring to a close the deal on confirmation votes struck between Senate leadership—a deal struck after Majority Leader Harry Reid (D-NV) was forced to file cloture on 17 judges in order to make action happen on confirmations. With the deal at an end, the focus on nominating and confirming people to the bench must increase even further. Republicans could start by allowing action today on the 19 nominees still awaiting their confirmation votes. With 1 in 10 seats on the federal bench vacant, the movement to keep filling judicial seats so that ordinary people can access justice in our courts cannot be allowed to slow or halt.

Senate Judiciary Committee Reports Four Nominees to the Floor, Holds Hearing on Four Nominees

This morning the Senate Judiciary Committee reported four United States District Court nominees to the Senate floor, where they now await their final confirmation votes.

The nominations of John Lee to the Northern District of Illinois, John Tharp, Jr. to the Northern District of Illinois, George Russell III to the District of Maryland, and Kristine Baker to the Eastern District of Arkansas were reported out on a voice vote with overwhelming bipartisan support from the committee members. Only Senator Mike Lee (R-UT) -- who has pledged knee-jerk opposition to every single nominee -- opposed the nominations. Ranking Member Charles Grassley (R-IA), the only Republican in attendance, announced that Senator Lee opposed the nominees “for reasons unrelated to the qualifications of the candidates,” voting no as a means of expressing an opinion on an unrelated matter.

Three of the four vacancies these nominees will fill vacancies that the Administrative Office of the U. S. Courts has declared to be “judicial emergencies.”

As has become usual practice for Republicans during the Obama presidency, Senator Grassley invoked a committee rule to delay consideration of Andrew Hurwitz for the Ninth Circuit Court of Appeals until the next committee meeting. Since the Senate will be in recess next week, it will be at least two weeks before action can be taken to move his nomination forward to the full Senate. The vacancy Hurwitz has been nominated to fill is also a judicial emergency.

Earlier this week, the Judiciary Committee held hearings on four nominees: Patty Shwartz to a seat on the Third Circuit Court of Appeals; Mary Lewis to a seat in the District of South Carolina; Jeffrey Helmick to a seat in the Northern District of Ohio, and Timothy Hillman to a seat in the District of Massachusetts.

For the most up-to-date and comprehensive information on judicial nominations, see the Alliance for Justice’s Judicial Selection Project webpage.

4 Nominees Scheduled for Consideration Today


The Senate Judiciary Committee is scheduled to consider 4 District Court nominees today:
  • Kristine Baker (Eastern District of Arkansas)
  • John Lee (Northern District of Illinois)
  • John Tharp, Jr. (Northern District of Illinois)
  • George Russell (District of Maryland)

During the Obama presidency, it has been the habit of Republican senators on the judiciary committee to automatically delay every first-time consideration of nominees by one week, so it is likely that the committee will not be permitted to hold votes on these four nominees today.

Lee, Tharp, and Russell have all been nominated to seats that are considered to be judicial emergencies.

Senate Judiciary Committee Hearing for Five Nominees

The Senate Judiciary Committee held a confirmation hearing last Thursday for Andrew Hurwitz to the United States Circuit Court for the Ninth Circuit and for Kristine Baker, John Lee, John Tharp, Jr., and George Russell III to United States District Court seats in the Eastern District of Arkansas, the Northern District of Illinois, the Northern District of Illinois, and the District of Maryland, respectively.

Senator Durbin (D-IL) chaired the hearing and Senator Kyl (R-AZ) attended as well. The hearing was uneventful, with Senators Durbin and Kyl both congratulating the nominees on their nominations and wishing them well.

Four of the five seats which the nominees will fill if confirmed have been deemed judicial emergencies by the Administrative Office of the U.S. Courts.

For the most accurate, up-to-date information on the judicial selection process, visit the Alliance for Justice’s Judicial Selection page.

Senate Returns Next Week - Nominees on the Agenda

When the Senate returns from its recess next week, the Judiciary Committee will hold an Executive Business Meeting and a Nominations Hearing.

On Thursday morning, the committee will hold an Executive Business Meeting at which Republicans will most likely delay a vote on Paul Watford, who has been nominated to fill a judicial emergency vacancy on the Ninth Circuit Court of Appeals.

On Thursday afternoon, the committee will hold hearing on the nominations of Andrew David Hurwitz, also nominated to fill a seat on the Ninth Circuit, and of four district court nominees: Kristine Gerhard Baker, nominated to the Eastern District of Arkansas; John Z. Lee and John J. Tharp, both nominated to the Northern District of Illinois; and George Levi Russell III, nominated to the District of Maryland.

The seats Hurwitz, Lee, Tharp, and Russell would be filling have all been deemed emergency vacancies by the Administrative Office of the U.S. Courts.

With 103 current and future vacancies on the federal bench, the Senate needs to act quickly confirm all 37 pending nominees.

For the most accurate, up-to-date information on the judicial selection process, visit AFJ's Judicial Selection page.