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- During President Jimmy Carter's presidency, he nominated four people for four different federal appellate judgeships who were not processed by the Democratic-controlled Senate Judiciary Committee before Carter's presidency ended. None of the four nominees were renominated by Carter's successor, President Ronald Reagan. Three of the nominees who were not processed (Eugene Nickerson, Nicholas Bua and Howard F. Sachs) were nominated after July 1, 1980, the traditional start date of the unofficial Thurmond Rule during a presidential election year. All four seats eventually were filled by appointees of President Ronald Reagan. The four nominees were blocked in committee; no committee hearings ever were held for any of the three. The nominees were held up at the same time that in an unprecedented move, the Senate chose to take up Carter's November 13, 1980, nomination—after he already had lost the 1980 presidential election to Ronald Reagan—of Stephen Breyer to an appellate judgeship on the United States Court of Appeals for the First Circuit. The Senate wound up confirming Breyer (whom President Bill Clinton appointed to the United States Supreme Court in 1994) during the lame-duck session of the 96th Congress the following month. (Breyer's appellate court confirmation in 1980, which was the result of support from both Democrats and Republicans on the Senate Judiciary Committee, often is cited as evidence disproving the existence of the Thurmond Rule.) During his presidency, Carter also nominated 16 people for 15 different federal district judgeships who were never confirmed by the United States Senate. (en)
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