Inside the Race to Get Trump’s Judicial Nominees Confirmed Before Democrat Takeover
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Freedom Is Back In Style
Senate Republicans have less than 20 days to confirm President Donald Trump’s judicial nominees, a crucial move to ensure that his legacy extends beyond his term.
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“Very important for the U.S. Senate to confirm all of our pending 161 Nominations, including 25 Federal Judges,” Trump wrote on Truth Social Monday. He made official announcements for the final three judicial nominees on Tuesday: Elliot Gaiser, Grayson Lambert, and James Sullivan.
“We expect all of our highly qualified nominees to be confirmed quickly this Congress,” a White House official told the Daily Signal.
Republicans have to act fast before they lose the majority, but Democrats could call privileged votes to slow down the process. Another roadblock to confirming Trump’s nominees could come from a Republican senator.
Arkansas Republican Senators John Boozman and Tom Cotton reportedly oppose the nomination of former Arkansas Solicitor General Lee Rudofsky to the 8th U.S. Circuit Court of Appeals, preferring Arkansas Supreme Court Justice Cody Hiland. Rudofsky’s confirmation would give Trump-appointed judges a majority on the 8th Circuit.
The Senate Judiciary Committee was supposed to consider the nomination of Rudofsky and nine other judges on Tuesday morning, but the committee put an asterisk next to his name on the agenda, indicating that his consideration was postponed to a future hearing.
“It is unlikely the Senate has time to get another nominee through the process,” Mike Davis, president of Article III Project, said. “Republicans will lose this seat to Senate Democrats’ obstruction in January.”
The Senate should prioritize filling the existing appellate court vacancies because of the important role these courts play, said Zack Smith, legal expert at the Heritage Foundation.
“The White House, the senators, they need to be on the same page because this vacancy needs to be filled before the new Senate comes into power,” Smith told the Daily Signal.
Elliot Gaiser, Trump’s nominee for the Northern District of Texas, currently serves as assistant attorney general for the Department of Justice’s Office of Legal Counsel. Before that, he was solicitor general of Ohio and a clerk for Supreme Court Justice Samuel Alito when he penned the majority opinion in the case overturning Roe v. Wade.
As the head of the Office of Legal Counsel, Gaiser has been responsible for making sure some of the Trump administration’s most newsworthy actions pass legal muster. According to the Washington Post, Gaiser’s office was responsible for approving the capture of Nicolas Maduro, strikes on drug traffickers’ boats, and more.
“Texas will appreciate having such a talented and intelligent Judge on their Federal Bench,” Trump said of 37-year-old Gaiser.
Anna St. John, a federal district judge in Louisiana, has already cleared the Senate Judiciary Committee.
Her work has included litigation involving religious liberty, free speech, and class-action settlements. She previously served as president and general counsel of the Hamilton Lincoln Law Institute and its Center for Class Action Fairness.
Trump said St. John has a history of championing “Religious Liberty, Free Speech, and protecting Women’s Sports.”
Smith said confirming the nominees is key to Trump’s legacy.
“One of President Trump’s signature accomplishments is the way he has transformed the federal courts, particularly the appellate courts and the federal district courts as well,” he said. “It’s important to fill every available vacancy while the Senate Republicans are still in power, and that’s particularly true where you currently have two Republican senators per state.”
“Because keep in mind, so long as the blue slips exist, once a Democratic senator takes power in a state,” he said, “they could effectively block President Trump’s district court nominees from moving forward.”
Trump has asked Senate Majority Leader John Thune to eliminate blue slips, a tradition that allows home-state senators to hold up judicial nominations, in order to speed up the process of judicial confirmations, but he refused.
Senators return a blue slip indicating if they support the nominee. If either senator from a state withholds or rejects a blue slip, the Judiciary Committee chairman can prevent the nomination from advancing.
Trump called the practice “old and outdated,” but Thune said there were “more Republican senators who are interested in preserving that than those who aren’t.”
Trump on Monday told reporters he wish Thune could accomplish more, but that he’s a “very fine man.”
“I like John Thune. I wish they could get more produced,” Trump said. :You know, we’ve had Save America up there, we’ve had, you know, voter ID and proof of citizenship, and many other things.”
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