Senate Republicans are racing to confirm President Donald Trump’s judicial nominees before Democrats take control of the chamber in January, seeking to fill as many federal court vacancies as possible while they still have the votes.
Republicans have already confirmed 56 Article III judges during Trump’s second term, according to the Senate Republican Conference, which highlighted the confirmations Thursday. GOP leaders hope to confirm as many as 25 more nominees before the new Congress convenes, including four appeals court nominees and 21 district court picks.
Senate Majority Leader John Thune (R-SD) has pledged to keep the chamber in session as long as necessary to advance the president’s nominees.
“We’re going to make the most of the time that we’ve got,” Thune said, according to the New York Times.
The final weeks of Republican control could be President Donald Trump’s last opportunity to secure judicial confirmations with a GOP majority. Democrats will gain the power to control the confirmation schedule in January, potentially leaving vacancies unfilled for the remainder of his presidency.
“If the Senate doesn’t do this now, it’s unlikely President Trump will be able to fill these positions in the next Congress,” Sen. Mike Lee (R-UT), a member of the Judiciary Committee, wrote.
Thursday’s schedule included a confirmation vote on Gregory Carl Cook for the Northern District of Alabama, followed by procedural votes advancing Daniel Desmond Domenico for the 10th Circuit Court of Appeals and Anna St. John for the 5th Circuit.
Earlier this week, Republicans on the Senate Judiciary Committee advanced several nominees, including four district court candidates. Three of those nominations cleared the committee on party-line votes, while another received support from some Democrats.
Senate Judiciary Committee Chairman Chuck Grassley (R-IA) accused Democrats of preparing to block Trump’s judicial appointments once they take control.
“I want to be very clear. Some Democrats so despise President Trump that for the first time in our nation’s history they’re planning to stonewall a president’s ability to appoint judges,” Grassley said.
Sen. Dick Durbin (D-IL), the top Democrat on the Judiciary Committee, accused Republicans of cutting corners, criticizing shortened review periods and the committee’s decision to proceed with hearings before FBI background checks had been cleared by Senate staff.
“Why?” Durbin said. “Because Republicans are losing the majority and they are afraid that unqualified MAGA loyalists won’t withstand close scrutiny when Democrats are in the majority.”
The dispute has become particularly contentious over two judicial nominees in Texas, where Democrat James Talarico defeated Republican nominee Ken Paxton in the November midterms.
Following Talarico’s victory, Trump nominated James Sullivan, a member of the Texas Supreme Court who lost his reelection bid, and Elliot Gaiser, a former Justice Department official, to federal district court vacancies in the state.
Democrats accused Republicans of trying to fill the vacancies before Talarico can exercise the traditional home-state senator’s role in reviewing judicial nominees. For district court nominees, that includes the “blue slip” process, through which home-state senators signal their approval or opposition. Durbin argued that Talarico should have the opportunity to weigh in on the appointments.
Sen. John Cornyn (R-TX) acknowledged that Gaiser’s nomination had not gone through the usual review process established by him and Sen. Ted Cruz (R-TX), saying he would examine the nominee’s record before deciding whether to support him.
Republicans can confirm judges by a simple majority, but Democrats can force procedural votes that consume floor time, putting pressure on GOP leaders to keep senators in Washington and their caucus united.
Trump appointed 234 federal judges during his first term, including three Supreme Court justices who helped establish the court’s current 6-3 conservative majority.
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