Summary

This Insight provides information and analysis related to U.S. Courts of Appeals nominees confirmed during the 117th Congress (which also corresponds, approximately, to President Biden’s first two calendar years in office). For some of the information presented below for the 117th Congress, comparative data is also provided for the 115th Congress (2017-2018), 111th Congress (2009-2010), and 107th Congress (2001-2002). These three Congresses correspond approximately to the first two calendar years, respectively, of the Trump, Obama, and George W. Bush presidencies. Another Insight provides similar information about U.S. district court nominees. Number and Percentage of Nominees Who Were Confirmed During the 117th Congress, President Biden nominated 37 individuals to U.S. circuit court judgeships. Of the 37 individuals, 28 (76%) were confirmed. In the past, individuals not confirmed during a particular Congress were often renominated and confirmed during a subsequent Congress. During the 115th Congress, President Trump nominated 43 individuals to circuit court judgeships, of which 30 (70%) were confirmed. During the 111th Congress, President Obama nominated 25 individuals to circuit court judgeships, of which 16 (64%) were confirmed. During the 107th Congress, President George W. Bush nominated 32 individuals, of which 17 (53%) were confirmed. Gender of Confirmed Nominees As shown by Figure 1, 21 (75%) of the 28 circuit court nominees confirmed during the 117th Congress were women and 7 (25%) were men. During the 115th Congress, 6 (20%) of 30 circuit court nominees confirmed were women and 24 (80%) were men. During the 111th Congress, 6 (38%) of 16 circuit court nominees confirmed were women and 10 (63%) were men. During the 107th Congress, 4 (24%) of 17 circuit court nominees confirmed were women and 13 (76%) were men. Overall, as of January 1, 2023, less than 40% of all active U.S. circuit court judges were women. Specifically, 65 (38%) of 171 active circuit court judges were women and 106 (62%) were men. Figure 1. Characteristics of U.S. Circuit Court Nominees Confirmed During the 117th Congress (2021-2022) Source: Congressional Research Service compilation of public data. Race of Confirmed Nominees Figure 1 also shows the racial background of the 28 circuit court nominees confirmed during the 117th Congress. The racial categories used in this report “generally reflect a social definition of race recognized in this country and [are] not an attempt” by CRS “to define race biologically, anthropologically, or genetically.” Additionally, for the purpose of this Insight, the Hispanic category is treated as a distinct non-White category. However, individuals who identify as Hispanic or Latino may be of any race. Of the nominees confirmed during the 117th Congress, a plurality were Black—specifically, 12 (43%) of 28 nominees. Of the remaining nominees, 7 (25%) were White; 4 (14%) were Hispanic; 4 (14%) were Asian American; and 1 (4%) was biracial. During the 115th Congress, 27 (90%) of 30 circuit court nominees confirmed were White and 3 (10%) were Asian American. During the 111th Congress, 8 (50%) of 16 circuit court nominees confirmed were White; 5 (31%) were Black; 2 (13%) were Hispanic; and 1 (6%) was Asian American. During the 107th Congress, 14 (82%) of 17 circuit court nominees confirmed were White and 3 (18%) were Black. Overall, as of January 1, 2023, less than one-third of all active U.S. circuit court judges were non-White. Specifically, 54 (32%) of 171 active circuit court judges were non-White and 117 (68%) were White. American Bar Association Ratings of Confirmed Nominees Of the 28 circuit court nominees confirmed during the 117th Congress, 22 (79%) received a rating of Well Qualified by the American Bar Association and 6 (21%) received a rating of Qualified. Of the 30 circuit court nominees confirmed during the 115th Congress, 24 (80%) received a rating of Well Qualified, 4 (31%) received a rating of Qualified, and 2 (7%) received a rating of Not Qualified. Of the 16 circuit court nominees confirmed during the 111th Congress, 11 (69%) received a rating of Well Qualified and 5 (31%) received a rating of Qualified. Of the 17 circuit court nominees confirmed during the 107th Congress, 11 (65%) received a rating of Well Qualified and 6 (35%) received a rating of Qualified. Office Held or Employment at Time of Nomination for Confirmed Nominees Figure 1 shows the type of employment or the office held at the time of nomination for confirmed nominees during the 117th Congress. Of the 28 confirmed nominees, 11 (39%) were U.S. district court judges; 4 (14%) were attorneys in private practice; 4 (14%) were a federal, state, or local public defender; 4 (14%) were state or local judges; and 5 (18%) had a different type of employment. For example, Jennifer Sung served as a member of the Oregon Employment Relations Board at the time of her nomination to the U.S. Court of Appeals for the Ninth Circuit. Nominees Confirmed by United States Judicial Circuit The map included with Figure 1 shows the specific judicial circuits to which nominees were confirmed during the 117th Congress. Overall, nominees were confirmed to 11 different judicial circuits—or 85% of the nation’s 13 circuits. During the 117th Congress, no nominee was confirmed to either the Eighth Circuit or the Eleventh Circuit. The four circuits with the greatest number of confirmed circuit court nominees during the 117th Congress were the Ninth Circuit (6 nominees); Second Circuit (5 nominees); D.C. Circuit (3 nominees); and Seventh Circuit (3 nominees). Altogether, the 17 nominees confirmed to these 4 circuits represent 61% of the circuit court nominees confirmed during the 117th Congress.

What this is

The Congressional Research Service is a nonpartisan policy and legal analysis arm of the Library of Congress. CRS reports are written for members of Congress and their staff, not the public — but they’re made available openly through Congress.gov.