Trump Faces Delays in Judicial Nominations After a Prolific First Term

This week, President Trump introduced his initial appeals court nominee of the term. However, a decrease in open judicial positions coupled with competing priorities has resulted in few nominations from the White House.

Carl Hulse, a Congress correspondent and author focused on Senate judicial confirmations, highlights the growing partisan tensions over federal judge selections.

Shifting Momentum in Trump’s Judicial Strategy

During his initial term, President Trump aggressively pushed to transform the federal judiciary. In contrast, his current approach has been more languid, with his first judicial appointment being announced over three months into the new term.

In a Thursday social media announcement, Trump revealed his choice of Whitney Hermandorfer, who serves in the Tennessee attorney general’s office, for the U.S. Court of Appeals for the Sixth Circuit. Describing him as a 'fighter,' the president expressed that Hermandorfer would bolster trust in the judicial system.

Challenges with Filling Judicial Vacancies

Unlike his first presidency, Trump faces fewer chances to appoint judges, starting this term with merely over 40 empty positions, a marked contrast to the 100 he inherited previously. This reduction is because Senate Democrats filled numerous posts before Biden's departure.

Senators are anticipating an increase in Trump’s judicial nominations and have urged the administration to accelerate the process.

Senator Josh Hawley, serving on the Judiciary Committee, stated his persistent appeals to expedite judicial appointments, citing longstanding unfilled vacancies in Missouri.

Comparisons to Initial Term Judicial Appointments

By this juncture in Trump’s first term back in 2017, several key judicial confirmations were underway, including a Supreme Court justice, as making conservative appointments was a focal point of his campaign. By the end of that term, Trump had successfully appointed three Supreme Court justices and 234 federal judges with a Republican-majority Senate.