As the November midterm elections approach, President Donald Trump's White House is racing to confirm a raft of new federal judges, amidst concerns that Republican control of the U.S. Senate may be in jeopardy. The scramble to confirm judges before a possible change in Senate control is not unique to Trump, as Democratic President Joe Biden and Senate Democrats faced similar pressure ahead of the 2022 midterms.
Trump's nominees are drawing praise from conservative activists, with some arguing that they reflect an emphasis on loyalty to the president. However, critics argue that the nominees' answers at Senate Judiciary Committee hearings have uniformly avoided stating directly that Trump lost the 2020 presidential election, instead responding that Biden was "certified" the victor.
The White House has defended its nominees, stating that they were selected based on their qualifications, rather than their political affiliations. Nevertheless, many of the president's second-term picks have backgrounds similar to the judges he appointed during his first administration, with several being members of the conservative Federalist Society.
Among the nominees appearing before the Senate Judiciary Committee on Wednesday is Zach West, who won praise from conservative legal activists for his work in the Oklahoma Attorney General's Office, where he defended abortion restrictions and argued that Oklahoma could not bar religious schools from participating in its charter school program.
Another nominee to be considered this month is Arkansas-based U.S. District Judge Lee Rudofsky, whom the White House wants to elevate to the St. Louis-based 8th U.S. Circuit Court of Appeals after he delivered a key ruling four years ago that weakened a landmark voting rights law.
Rudofsky's confirmation would give Trump appointees a majority on the court, making it the first of the nation's 13 federal appeals courts to be dominated by his chosen judges.
Regardless of whether Republicans keep control of the Senate, experts say this round of judicial nominees may be one of Trump's last big chances to make his mark on the courts, since the pool of vacancies and judges likely to retire has been shrinking.
"Supreme Court vacancy notwithstanding, I expect this to be the slowest two years for judicial nominations under Trump," said Robert Luther, a George Mason University law professor who worked on judicial nominations in the White House Counsel's Office during Trump's first term.
The White House has frequently criticized judges who blocked administration policies amid hundreds of lawsuits challenging Trump's actions, while also resuming a central first-term goal: placing conservative lawyers and Trump allies on federal trial and appellate courts nationwide.
Many of Trump's appointees are in their late 30s or early 40s, and could remain on the bench for decades, influencing legal disputes long after his presidency ends. Judges appointed by Trump during his first term, particularly in Texas and North Dakota, repeatedly blocked Biden's efforts to reshape immigration policy, forgive student debt and expand LGBTQ+ rights protections.
Senate Democrats have said his second-term nominees have reflected an emphasis on loyalty, with many nominees avoiding stating directly that Trump lost the 2020 presidential election.
The White House has defended its nominees, stating that they were selected based on their qualifications, rather than their political affiliations. Nevertheless, many of the president's second-term picks have backgrounds similar to the judges he appointed during his first administration, with several being members of the conservative Federalist Society.
Since returning to office in January 2025, Trump and his allies have frequently criticized judges who blocked administration policies amid hundreds of lawsuits challenging his actions.
At the same time, the White House has resumed a central first-term goal: placing conservative lawyers and Trump allies on federal trial and appellate courts nationwide. Many of his appointees are in their late 30s or early 40s, and could remain on the bench for decades, influencing legal disputes long after his presidency ends.
Judges appointed by Trump during his first term, particularly in Texas and North Dakota, repeatedly blocked Biden's efforts to reshape immigration policy, forgive student debt and expand LGBTQ+ rights protections.
The White House said its nominees were selected based on their qualifications.
"President Trump selects highly qualified and credentialed judicial nominees who have passed the White House's rigorous vetting process," White House spokeswoman Lauren Bis said in a statement. "Wherever there are judicial vacancies, President Trump will select highly qualified nominees with great respect for our Constitution and rule of law to be confirmed expeditiously."
Three of Trump's 13 previous appellate nominees this term had served as his personal attorneys, including Emil Bove, now a judge on the Philadelphia-based 3rd U.S. Circuit Court of Appeals. The other two have likewise been confirmed.
Still, many of the president's second-term picks have backgrounds similar to the judges he appointed during his first administration.
Several are members of the conservative Federalist Society, including West and another nominee appearing Wednesday, Courtney Coker, a prosecutor nominated to the U.S. District Court for the Northern District of Texas, a venue frequently sought by conservative litigants challenging Democratic policies.
Trump's nominees have not always ruled in his favor, though, as evidenced on Tuesday when he criticized his appointees on the Supreme Court for ruling against a U.S. Postal Service rule restricting mail-in ballots.
Written by: Meesa Grinspin | The Citizen Edition
“Ah, wisdom in the margins, I suppose.”