Judicial Confirmations Before Senate Transition

As of January 3, 2027, big changes are coming to the U.S. Senate with Democrats gaining control. Outgoing Senate Majority Leader John Thune, R-S.D., has a limited window to confirm all of President Trump’s judicial nominees. He aims to ensure the appointment of 23 judges: four for circuit courts and 19 for district courts.

The incoming Senate Majority Leader Chuck Schumer, D-N.Y., plans to block any future nominations to the courts of appeals. He may also target district court nominations. Senate Republicans must act swiftly to confirm these nominees or risk leaving these positions open for potential Democratic appointees should they win the presidency in 2028.

Appellate courts are particularly influential as they finalize most cases, with the Supreme Court reviewing only about 1% of petitions. For most federal litigants, the circuit court is the end point.

President Trump has put forward four noteworthy nominations to bolster appellate courts: Anna St. John and Todd Butler for the Fifth Circuit, Lee Rudofsky for the Eighth Circuit, and Dan Domenico for the Tenth Circuit. These candidates currently serve with distinction on district courts in Louisiana, Arkansas, and Colorado.

Currently serving Fifth Circuit Judges Leslie Southwick and Kurt Engelhardt, Eighth Circuit Judge Bobby Shepherd, and Tenth Circuit Judge Timothy Tymkovich have all offered exemplary service. Their successors must continue this legacy.

Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, is working to confirm these nominees promptly, scheduling November hearings to manage the expanded slate. Despite criticism from Democrats, Grassley is pressing forward. His colleagues need to support this effort.

Some concerns have been raised, notably from Senators John Boozman and Tom Cotton regarding nominee Lee Rudofsky. Despite this, time for debate is running out. Rudofsky has proven to be a steadfast constitutionalist and requires a swift vote to prevent a possible left-wing appointee from taking this pivotal seat.

Beyond appellate courts, district court nominations are crucial as well. Republicans must rally for every committee vote to ensure the nominees advance through the Judiciary Committee and secure confirmations on the Senate floor.

Previously, in the 2024 lame-duck session, Democrats secured numerous judicial confirmations before Republicans took a Senate majority, rapidly confirming judges until just before Christmas under Schumer’s guidance.

With many Republican senators retiring in January, their final task is significant. These judicial confirmations will impact legal interpretations for decades. The senators must ensure these lifetime appointments go to dedicated constitutionalists, blocking potential radical nominees from a future leftist administration. The remaining two months present the opportunity for these confirmations, setting a significant legacy.