So it’s finally here. After nearly eight years, and more than four hundred nominee profiles, it’s time to close the final chapter on the Vetting Room. When I first started the Vetting Room eight years ago, I wrote my hopes that this blog would be a way to “inform the general public about candidates for the federal bench.” I think we’ve succeeded in doing that. I also hoped that, by providing “disinterested” commentary (in the sense that we’re not advocating for or against individual nominees), the Vetting Room could be a part of de-escalating confirmation tensions and supporting an apolitical judiciary.
Reflecting back, there is much to be proud of. I never expected that a small legal blog started by a nobody with some assistance from his friends and associates would become one of the most widely searched resources on judicial nominees. Furthermore, I’ve received messages of praise and support from prominent liberals and conservatives who have praised the tone and content of our write-ups. Similarly, I’ve fielded angry messages and comments both from folks convinced that we’re secretly suppressing unfavorable information on nominees and from those accusing us of writing hit pieces, in one case, addressing a single article. Needless to say, we must be doing something right.
I’m also thankful for all the support we’ve gotten, not just from the amazing attorneys who wrote for us, but also from attorneys and law students who helped with research, and from fellow legal bloggers and lawyers who shared, retweeted and commented on our posts. I would note that Howard Bashman of How Appealing has been particularly generous with sharing our write-ups and with his support.
Given all this, one might wonder why the Vetting Room is shuttering. Especially with an incoming Administration that is likely to push to reshape the judiciary in a more conservative direction, and likely to be the source of dozens, if not hundreds, of posts. Well, see, that’s the thing.
Writing and managing a legal blog is not cost-less. Several hours of research, wordsmithing, and analysis go into each post, not just in how to frame each nominee’s background, but also in determining what information should or should not be included. Time spent here is time not spent with my family, or pursuing other passions and interests. Having kept up with the blog through four years of a Republican President and four years of a Democratic President, now seems like the right time to move on.
The Vetting Room is not being taken down, and the posts that are here will stay on (at least for the near future). As time dictates, additional posts detailing the history of the judiciary (some of my favorite writing but ones I’ve had trouble keeping up with) may be added.
This is not to say that it is time to disengage from judicial nominations entirely. Our founding fathers intended for the confirmation process to include public review and input. In the end, all Americans have an interest in having a Judiciary that decides based on the rule of law, rather than ideology or partisanship. And I expect that vigilance in the process will not cease.
Perhaps, if other interested attorneys come forward who would want to carry the mantle for an apolitical judiciary, the Vetting Room may revive as such. Until then, I thank all the readers this blog has maintained for their support and encouragement, and hope that, in our own way, we’ve had a positive impact on the judicial nomination discourse.
Right now I’m only counting 8 vacancies (MA, MA, CT, SDNY, SDNY, EDMI, SDCA, NDGA) plus 4 future vacancies (Maine, EDPA, SDNY, NM) that require a Democrat to sign off. Probably not worth it for now. But it is coming.
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Two more vacancies announced yesterday. Only Cathy Seibel (SDNY) requires a Democrat blue slip since the other is Jane Boyle (NDTX). But yes, once the circuit court & red state vacancies run out you better believe the pressure will be ramped up by Trump to ditch blue slips. And unless I’m missing something, I’ve seen NOTHING to convince me senate Republicans will stand up to Trump. They literally are standing up to not release the Epstein files, going against victims of sexual abuse to protect Trump. What makes anybody think blue slips is some holy grail that they will draw the line at.
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What are you talking about? I posted an article where Grassley clearly stated that the blue slip isn’t going anywhere.
Thom Tillis has said that he will not vote for any nominee that doesn’t have approval of both home state Senators regardless of party.
What control does Trump have over Tillis as he is not running anymore . Also , Grassley is in his nineties and was recently re-elected .
How does a lame duck Trump have any power over those Senators ?
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Haaaaaaa… I can show you an article of Grassley saying they won’t ditch blue slips for circuit court nominees. I can show you articles with Republicans saying they won’t confirm a Supreme Court nominee in an election year before 2020. You are acting like we don’t have RECENT history of Republicans saying one thing & then doing the exact opposite within a few years. I’m not sure why you think district court blue slips is their Waterloo… Lol
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Let me know when blue slips for district judges happens.
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Oh I can 1000% promise you I will let you know… Haaaaaa
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Anyway, Maria Lanahan is now confirmed, and the partisan composition of the Eastern District of Missouri is now an incredibly lopsided 8-1 conservative supermajority. And I’d go so far as to say, it’s a far-right court seeing so many judges here worked for anti-abortion and anti-gay causes.
And this would’ve never happened had the Clinton and Obama judges just stayed put. Seriously, don’t understand what possessed them to retire/take senior status despite knowing how uncooperative Hawley and Schmitt are. And they look relatively healthy too. You’d think these ostensibly liberal judges would know that but apparently not. At least the Western District of Missouri is still a liberal bastion with a 5-2 composition.
Again, badly timed retirements/senior status will undo the gains Biden did in the court. We saw that with the 3rd and 6th Circuit and many more district courts to come. Let’s just hope conservative/right-wing judges make the same mistake too but I doubt that.
Trump’s latest Senate-approved judge turns St. Louis court into conservative stronghold | Reuters
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How long would expect them to stay on? It’s on them that Republicans control the state.
You’re not going to change Missouri and red states like it with a couple of judges.
Even if you could ,it’s nearly impossible to get two Democratic Senators there.
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The judges could have stayed on until after Republicans got rid of blue slips & then we had a Democrat president. At least then senator Padilla could lead the fight to get them replaced with a Democrat in 2029.
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That’s wishful thinking . People can go as they please.
It’s no one’s business .
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This doesn’t involve judges, but did anyone hear about what happened to Charlie Kirk from Turning Point? It’s unbelievable. Assassinating someone because you don’t like his opinion? It’s unconscionable. I can’t imagine how this is affecting his family and friends, he had two young children who his widow has to raise alone.
As I mentioned in a previous posting, Federal judges are getting more threats every day. Is there any way the temperature can get turned down in this country?
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I saw the video. While I disagreed strongly with Charlie Kirk’s views, we never want to see political violence in our country. It’s sad. And to answer your question, it will be very hard to turn the temperature down in this country. We have more guns than people & too many of those people believe violence is the answer. I wish I could say I see better days on the horizon but most likely not. In the meantime, thoughts & prayers to the Kirk family.
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I’m not saying the liberal judges who stepped down should’ve stayed until death but they should’ve made an effort and stayed longer seeing as they were in their late 60s to early 70s when they retired/took senior status
Meanwhile, the longest active judges right now are mostly conservatives. Do you think Edith Jones or Jerry Smith would step down early had Texas become a blue state?
And let’s be real, badly timed retirements are politically useful. Need I remind you of Ruth Bader Ginsburg? Or for a more recent case, Jane B. Stranch? We had a 9-7 composition in the 6th and it went to back to a 10-6 conservative majority once more.
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Strategic retirements by Federal judges are a new development. It’s possible that many Federal judges never factored that into their decision on whether or not to stay on the bench.
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What about Antonin Scalia?
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Two updates:
(1) Another Texas judge with a quick senior turnaround. 05-TX-N Boyle,Jane J. W. Bush Senior 8/28/2025 10/1/2025
(2) Nominations hearing scheduled for September 17. CCA7 + the 4 NC district seats? Has anyone seen any news articles on Guard’s nomination? The rest of the Florida batch had their hearing on June 25.
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Re Guard: Perhaps the Florida Republicans are having a factional spat that’s holding up things, or that kooky Loomer woman is throwing some sort of fit. With Trump, you can never be quite sure what’s going on. As I recall, one his earliest first term District Court picks was a black guy from Alabama. But after the announcement, nothing happened for ages; and when he eventually surfaced again, the poor fellow had his name submitted to fill an entirely different vacancy…
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And I just missed one: 02 – NY-S Seibel,Cathy Senior 09/05/2025 11/03/2025 (another W. Bush)
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Today, the SJC voted on 12-10 party lines to advance four judicial nominations. They are Eric Tung for the Ninth Circuit, Joshua Dunlap for the First Circuit, William Mercer for the District of Montana, and Chad Meredith of the Eastern District of Kentucky.
I thought that Dunlap might get some cross party votes. He’s a commercial litigator who seemed to be the most “vanilla” of Trump’s judicial nominees and Susan Collins endorsed him. It didn’t happen, Sheldon Whitehouse denounced him for testifying in favor of a parental consent law.
Also advanced were several U.S. Attorney nominees. One of them is Arch Moore Capito of West Virginia, whose mother is a U.S. Senator.
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Dunlap once interned for the Alliance Defending Freedom (sic), served from 2016-21 as a Federalist Society state chair, was a speaker for the Family Research Council in Maine, has been a GOP activist, represents the Maine Chamber of Commerce in an attempt to bat down family and medical leave rules promulgated by the Maine Department of Labor, was lead counsel in a challenge to ranked choice voting, etc., etc. No reason for Dems to go soft on his confirmation.
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Also today senate Republicans officially changed the rules to allow them to confirm batches of nominees at a time. Of course, I advocated for Democrats to do that when they were in power but people on this site said noooo. Now Republicans will reap the benefit for the next three years. Next up is blue slips for district court nominees. Of course, the same people who keep thinking this is their grandfather’s Republican Parry will tell you that’s not going to happen. And of course they will be wrong AGAIN.
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once again, Senate Republicans showing they have guts and know how to use power to help themselves because the American voters are indifferent or ignorant.
”The first confirmation vote under the new rules is expected to take place next week and include 48 nominees, many of whom are slated for under or assistant secretary positions at various departments and agencies.”
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Yes, but not directly judges.
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if you suddenly clear through 48 nominations, guess what you know have a ton of free floor time to work on?
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Yes, but issue is the GOP has far more Senators than the Democrats had.
Not much left now anyways except for judges in red states that Dems were not going to fill anyway.
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@shawnee68 will find out once Republicans get rid of blue slips for district court nominees.
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They could have done that on day one if they wanted to.
Why wait if you are going to do it anyway ?
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I’m sure you could have asked the same question on September 12, 2017, regarding circuit court blue slips. Or the same question about vacancies on the US Supreme Court in an election year on September 12, 2020.
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No, I had opinion on the matter back then.
There’s a reason why they did not include district judges.
I am sure you know the reason for that?
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Yup. There’s a couple of reasons actually. One, they had plenty of other vacancies to fill (This time they don’t. Two, Trump didn’t push it that hard (This time he is).
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Trump is a lame duck. Tell me what kind of control does he have over Grassley and Tillis?
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OMG… Now I can see why you think the way you do… Lol
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Why won’t you answer my question ?
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Because we both know how it works. I answer your question & you move the goal post right after. We can just wait for Republicans to ditch blue slips for district court nominees so I can say I told you so AGAIN… Haaaaa
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You won’t because you can’t .
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I guess you just copy, then paste that same response every week…. Lol
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For some other news aside from the usual doom and gloom, anyone know the political leanings of the 8th Circuit judges?
As all know, it only has one Dem-appointed judge, Jane Kelly of Iowa. Thus, it’s most definitely an incredibly lopsided 10-1 conservative supermajority.
But I do want to know if any of the Republican-appointed judges are more moderate/liberal compared to their other colleagues.And if it’s possible for it to be a liberal-leaning court soon.
I, for one, have hope this would happen seeing as 2 Bush-appointed (4 already eligible) will be eligible for senior status in 2028 and so far, none of them have signaled any plans to step down or take senior status. Also, 2 of the 4 Trump appointees (Erickson and Grasz) are relatively older compared to his usual appointees so who knows if it’ll end up backfiring against him.
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I would say that Loken, L. Smith, & Colloton are the most moderate of the GOP appointees. They each dissented with Jane Kelly on an en banc case or poll.
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It sucks there will be a flip on the 1st Circuit instead of the all Democratic Circuit Court it should have been but it is what it is.
All I can say is Dunlap is going to be writing dissents most of his career, hope he enjoys that.
As for Tung, nothing to be done there, Ikuta was NEVER going to go senior under a Democratic president and would still be in active service today if Harris had won.
As for the nuclear rule change, that’s what happens when you have 53 Republicans versus 51 or 50.
We never had the votes to do that under Biden.
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Yes, sir you are correct!
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A lot of 1st circuit judges are more moderate, so Dunlap will definitely help conservatives get the majority some of the time.
Yesterday, the 1st circuit ruled that the Big Ugly Bill’s defunding of Planned Parenthood can go into effect, reversing a lower court judge whose ruling kept Planned Parenthood funded for 6 weeks. All 3 judges on the panel were Biden appointees (Gelpi, Montecalvo, & Aframe).
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”that’s what happens when you have 53 Republicans instead of 51 or 50…”
can we please stop with these dishonest excuses!!!
The vote was 53-45
turns out you don’t need 53 Republicans, you just need Republicans who follow orders.
every law that has been passed by these 53 Republicans would’ve passed if they had 50 or 51 votes because the Nos were strategically performative.
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It really is crazy just how young Trump’s new nominees are this term. 4 of the 6 confirmed district court judges are all in their thirties while it appears all of his appellate court nominees are in their forties. I remember when the nomination for Brad Garcia came out and I was a bit uncomfortable with the fact that he was in his mid-thirties but I suppose it really has become a new norm- at least among Republicans.
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Actually, Reagan started that thing of appointing judges who were in their mid 30s to mid 40s. And that’s why there are still some active Reagan judges such as Edith Jones and Jerry Smith of the 5th Circuit.
I think Bush continued that trend though to a lesser extent. But Trump right now is accelerating that process because IIRC at least 90% of his current nominees are under 50.
Honestly, Dems should’ve done it years ago. Obama kept appointing judges in their late 50s to early 60s and that caused them to retire/seek senior status early thus opening up their seat to a conservative (see Jane Stranch). I’m glad Biden took a page of the Republican rule book and appointed judges in their 30s and 40s.
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I am not impressed with Brad Garcia at this point.
He is very circumspect or plain silent in any decisions that are critical of Trump.
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While being a liberal firebrand I nice, I’m fine with Judge Brad Garcia as long as he is voting the correct way. He knows he is on the second most important court on the land & still in his 30’s. Voting liberal while not being extremely outspoken might be his best path to replacing Justice Sotomayor should she leave the bench with a Democrat president & Democrat majority US Senate.
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There are far better options in a place like California where people have the guts to speak their minds.
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Well you might be right on this one. Since Alex Padilla will be a Us Senator the next time we have a Democrat president, that’s very possible.
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You try to make Alex Padilla like he’s a known well in California which is not true.
If he stays in the Senate it’s because he doesn’t have the cajones to challenge Katie Porter the front runner .
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Leave Padilla where he is.. Hispanics are very underrepresented in the Senate.. I dont see Katie Porter being elected … I say this in general.. I hope the Dems dont keep making the same mistake in this Trump and ultra far right era….. Wealthy , bully type billionaires. .. the women who end up losing to them….We need to coalesce around a moderate democrat probably male who can pull the country together…Like they did in 2020 for Biden.. Frankly women voted for Obama in droves he pulled everyone together… No time to pussy foot around..Brad Garcia is smart to be quiet with his head down.. Free speech is over …. look at all the men who voted for Trump.. time to get them back in democrat camps…..
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We don’t need someone to represent “hispanics” in the state of California .
What we need is the best person we can get regardless of what box they check.
I am just following the polls that are posted that show Katie Porter is ahead. Of course polls are not official but that’s how her opponents view the race.
There are lots places you can look to find judges. People are too lazy to look elsewhere. As if DC is representing the whole nation . It does not.
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Hispanics representation in the Senate I said. The Senate as a singular whole body represents every one in this country thru 100 elected officials…
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I agree that Padilla should stay in the Senate as we need someone who can fight against this administration. Some Dem senators fold really easily
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I was looking at state supreme courts and to my surprise, the Louisiana Supreme Court has a rather equal partisan composition.
There’s 4 Republicans, 2 Democrats, and 1 Independent so for all intents and purposes, it’s a 4-3 split. Granted, I don’t have any knowledge on Louisiana courts so for all I know that independent justice (Chief Justice Weimer) leans conservative. But still, for a southern state, it’s rather impressive Democrats made strides in its supreme court even if it’s the result of court mandated redistricting.
Hypothetically though, if Louisiana Democrats had the desire and funds, could they potentially flip the seats currently held by the 4 Republican justices? Especially since all 4 of them are up for reelection in 2026 and 2028.
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Louisianans had a Democrat governor for 8 years not too long ago. Albeit he was an anti abortion Democrat so I don’t know how strongly the D’s next to those names are. But yes I’ll take it for a deep red state.
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Shawn calling Trump is a lame duck and implying he doesn’t have power over the GOP, 9 months into his 2nd term, might be the dumbest thing I’ve ever seen here.
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And that’s saying something. This is the same person that thinks there is no chance Republicans will ditch blue slips for district court seats & said there was plenty of time for Democrats to confirm all judicial nominees… Haaaaaaaa
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They could have done it a long time ago.
If you can read they made it perfectly clear they didn’t .
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Oh really? I ask you since @Dequan ducked the question .
What power does Trump have over a retiring Senator like Thom Tillis ? Also, what can be done about Chuck Grassley who is in his nineties and is well into his term?
It’s a question I have asked that people are afraid to answer?
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The question is too ridiculous to spend time answering… Lol
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It’s a simple question that you afraid to answer.
Let’s find someone with hair on chest who can answer the question.
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Haaaaaaa… That was pretty funny… Lol
Look, nobody serious can ask what hold has over Republicans. He’s literally the closest thing we have had as a threat to our democracy since Reconstruction. He has devoted followers that make Jim Jones followers look like line dancers. You have Republicans just last week voting to protect pedophiles because they are afraid Trump’s name is on the Epstein files. I can’t believe anybody (Even YOU) would realistically ask that question.
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I didn’t realize Joshua Divine was 34 years old when he was confirmed in May.
Trump beat Bidens youngest judicial nominees Jamar Walker and Bradley Garcia by confirming someone 3 years in only 5 months.
I think we’ll be seeing a large percentage of young conservatives in their 30s confirmed over the next 4 years, especially once the older conservatives who’ve been waiting for their seats are rewarded by their Republican senators.
An army of 30 something MAGA jurists.
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If this trend continues, in 10 years or so, I can expect that there will be a federal judge younger than me (I’m 23)
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The benefit of nominating a judge too young isn’t really as big as it seems. I think the minimum age requirement of 65 is waived after a certain number of years (Maybe 25) of service. So nominating somebody at the age of 30 doesn’t mean they have to wait until they are 65 to retire.
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What’s really horrifying is that one of these judges could live well past 100 and outlive me – that perhaps for the rest of my life, even long after Trump is gone, his judges will continue to do damage to our country.
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On a different note, if you read the excerpts from Joe Manchin’s latest book, you can see why we had the trouble we did at the end with Circuit Court nominees.
The fact he says he’s glad Republicans won the Senate because it will protect the filibuster says it all about what a prick he is and IMO, it’s clear more then ever that if Democrats had the numbers, he would have flipped parties.
I’m glad for the judges we did get from him but good riddance to bad rubbish.
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https://www.judiciary.senate.gov/committee-activity/hearings/nominations-09-17-2025
For those continuing to track: CCA7 (all circuit seats open and announced in the future are now in the process) and all four N.C. district seats (2x W.D. + 2x M.D.). No Guard once again, with the fifth slot in Panel 2 for the position for Director of National Drug Control Policy.
Amazing to me that we’re now ~10 months since the election and still no names for Texas (up to 10 current + future), Louisiana (4), Alaska (2 of the 3 seats), and Kansas (now up to 3). Missouri’s SJQ responses show the senators were laser focused on AIII judges. Obviously a lot of behind the scenes stuff needs to happen.
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No related files for the 4 NC nominees except one for Freeman…..That’s odd and tells me something …
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They were probably working on getting all the administration nominees confirmed and looks like they got their wish.
“Senate confirms 48 Trump nominees in “nuclear” move”
Another batch or two of these single votes will clear up the senators entire backlog and then, ohhhh boy, we’re gonna see Judicial confirmations left and right next year.
The only thing that might stop them from confirming 100 judges by the end of the first 2 years will be lack of vacancies.
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Did anyone hear about Rebecca Taibleson’s confirmation? Some conservatives have qualms about her. She once donated to the reelection of Joe Manchin and also donated to the Milwaukee Jewish Federation, which is considered liberal. In addition, her husband Ben Taibleson might be a Democrat and they attend a liberal synagogue. Ted Cruz asked some skeptical questions, but his tone became more supportive as the hearing went on. He seemed satisfied with her explanations.
Tammy Baldwin hasn’t ruled out supporting Taibleson yet. It’s possible that Taibleson will be less conservative than the judge she’s replacing.
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Yes, a bunch of looney tunes headed by J. Kenneth Blackwell of the so-called Conservative Action Project went off the reservation and issued an ill-conceived attack memo on Taibleson shortly before her confirmation hearing. Their charges against her include (gasp!) donating to Manchin ($50 out of her lifetime FEC-listed federal total of a mere $350) and, horrors, giving to the Jewish charity. They accuse the latter of backing LGBTQ rights; in reality, as more sensible conservatives have since written at length, it’s the equivalent of other religious charitable umbrella groups, collecting money for a wide variety of Jewish organizations. Etc. I’ve seen and added to my file on her quite a few responses to the CAP blunder, all challenging its “facts” and interpretations, and some all but accusing the gang of borderline anti-semitism. Taibleson is yet another awful Trump nominee who definitely deserves to be sent back to Wisconsin, but not for any of the reasons CAP cites. So far as I can tell, btw, no one in the Senate GOP caucus is taking CAP’s b.s. seriously. Attacking a former clerk to Scalia and Kavanaugh as some kind of closet left-wing radical makes you look pretty stupid at best.
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This is the impression I am getting as well. I am hoping she is more of a reasonable minded conservative.
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One of the benefits of the craziness and authoritarianism from the Trump administration these last few weeks seems to be that less federal judges will be inclined to assume senior status. Along with the far right caliber of nominees so far, I believe more traditional minded conservatives will rethink going senior during this administration.
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It can’t be politics for everybody. It’s a low paying job as compared to the lawyers coming before you.
Why work for free when you can leave and make real money?
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I know there has been some discussion about Trump’s other appellate nominees but does anyone have a more detailed understanding of Eric Tung? I’ve struggled to find information relating to him and I’d be interested to know if he’s more in-line with the more traditionally conservative 9th circuit Trump-appointees like Bridget Bade and Eric Miller, or more of a hardliner like Patrick Bumatay and Lawrence Van Dyke.
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Have you looked at Tung’s Senate Judiciary Committee questionnaire and Questions for the Record? There’s quite a bit of useful info in both. Also, Accountable put out a fairly good report on the guy, if I recall correctly. Tung clerked for Scalia and Gorsuch, is a Federalist Society member, and has filed briefs for and in support of some of the cryptocurrency racket people, as well as UPS and the California Hospital Association. He also once submitted an amicus brief that backed the independent state legislature theory–something not even the current Supreme Court wanted to embrace. See Moore v. Harper, 600 U.S. 1 (2023). The brief itself should be available on both Westlaw and Lexis, as well as on the Supreme Court website. Tung is also reportedly a long-time pal of Trump judge picker Mike Davis–which probably explains how he leaped to the head of the pack for a Ninth Circuit seat…
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Anyone got anything on the North Carolina nominees? Couldn’t find a thing about them other than they were all prosecutors and even then I’m not sure if all of them are.
Honestly, was hoping Trump would make a dumb move and nominate some judges from the NC Court of Appeals so Gov. Josh Stein would nominate a Democratic judge in their stead. But alas, can’t have everything.
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The nominee questionnaires for Orso, Bragdon, Freeman, and Rodriguez (or Courtwright Rodriguez–I’ve seen it both ways and haven’t really looked into her yet) are up on the Senate Judiciary Committee site. That’s always a good place to start…
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There was an interesting article on the “Balls and Strikes” blog regarding Rebecca Taibleson’s recent hearing. (JP Collins is a regular contributor to the site)
https://ballsandstrikes.org/nominations/rebecca-taibleson-obergefell-hearing/
I am curious about her jurisprudence. On the one hand, she certainly has the conservative bona fides. On the other, she has influences (and donations) that seem to indicate she isn’t a diehard ideologue. Part of me wonders, if feeling she had to shore up conservative support, she felt the need to reassure nervous senators of her loyalty to the right-wing cause. Time will only tell once she is confirmed to the bench. That said, I still feel as though she was our best hope for a nominee to the 7th Circuit.
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I agree and hope that she actually turns out to be the best nominee we can hope for on the 7th CCA…
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Just saw he also has a September 22 piece that blog readers may find helpful. Mostly things we cover here.
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Haven’t been paying as much attention (teaching an intro to U.S. law and politics course in China for September and October; y’all may like that the nomination, confirmation, and departure of AIII judges is one of the key themes!). But the next EBM is next Wednesday not Thursday: https://www.judiciary.senate.gov/committee-activity/hearings/executive-business-meeting-10-01-2025.
Still surprised at how slow they have been with Texas and Alaska (and to a degree, Louisiana, given Senator Kennedy’s outsized visibility on the SJC). Kansas is now at 50% capacity (not including senior) as well.
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Supposedly parts of the government will shut down on Sep 30th..I wonder if that will affect that scheduled executive business meeting on the following day, Oct .1st.
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Per the future judicial vacancies page David Proctor in N.D. Alabama is going senior. GW Bush appointee, not sure about his leanings.
IIRC this was a guy a few years ago that was in the headlines for making lawyers on both sides go out to lunch because they were being argumentative and he’d had enough of it.
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A nominee to succeed Chief Judge Proctor may come quickly. You can bet a large number of people were already vetted and interviewed for the current vacancies in Alabama but weren’t chosen, at least some of them must have made a good impression.
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Anyone know the exact partisanship of the Montana Supreme Court?
All articles I found were pretty vague and the ostensibly conservative ones have their moments such as Chief Justice Swanson who, despite being a conservative Republican, openly appealed to the Republican State Legislature to not make future judicial elections partisan.
And with another “non-partisan” election on the horizon in 2026, let’s hope his principles stay firm in spite of possible pressures.
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Liberals: McKinnon/Bidegaray/Gustafson
Moderate-left: Shea
Moderate-right: Baker
Conserative: Swanson, Rice
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Wonderful to know it’s got a 5-2 liberal/moderate majority. Cory Swanson replacing the former liberal Chief Justice Mike McGrath was a huge disappointment but at least he seems principled if we take his plea to not judicial elections partisan into account
At least next year, the Montana Supreme Court has the opportunity to shift more leftward if the liberal Amy Eddy is elected to the retiring Beth Baker’s seat. Let’s hope she beats whoever is the conservative candidate next year
Speaking of state supreme court races next year, Chris Taylor finally got a conservative opponent in Wisconsin Court of Appeals 2nd District Judge Maria Lazar, and her track record is just as vile as Rebecca Bradley. Aside from advancing the interests of the Wisconsin GOP, she is also anti-abortion, anti-voting rights, and has ruled in favor of corporations causing pollution. Knowing Chris Taylor, she’ll beat this hyperpartisan hack handily next April. Definitely a 58-42 margin in favor of Judge Taylor.
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Hi from Shanghai!
Haven’t been able to watch today’s EBM, but quickly checked the results. Anyone know why the two Mississippi nominees were held over? They were listed with the Alabama and CCA3 seat, right?
https://www.judiciary.senate.gov/imo/media/doc/db00d0e2-cc67-5097-2f2c-5b454f764495/2025-10-01_EBM_Results.pdf (18-4 is pretty impressive for an Alabama seat without any need for Democrat buy-in!). Mascott and LaCour at 12-10 was something I expected, and don’t know enough about Lewis for the 14-8 (Durbin + Schiff).
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I think they just formally added the new seat for S.D. Florida for 8/25 (we saw this at least twice under Biden, one for E.D. New York & one for N.D. Illinois) https://www.uscourts.gov/data-news/judicial-vacancies/current-judicial-vacancies?order=field_opening_date&sort=asc
11 – FL-S
FJC Director
08/25/2025
Great deal for the Rs, right? A new seat to fill by President Trump and two R Senators for the FJC position for a President Obama appointee when Florida was (I believe?) a Purple state?
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Judge Deborah Boardman of the District of Delaware (a Biden appointee) is the center of a firestorm. She sentenced Nicholas Roske to 8 years for attempting to assassinate Brett Kavanaugh. Mike Davis charged that Boardman and other progressives approve of assassinations. Others charge that Boardman was more concerned about using the correct pronoun for the defendant (he claims to be trans now) than she was about the safety of the judiciary. Pam Bondi has vowed to appeal.
Will Truth Central have anything to say about it?
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Judge Boardmanof the District of Maryland gave Roske a light sentence…Boardman said in part Roske called 911 on herself before she actually acted on her plan….Preparing for a crime then calling police on yourself IMO is a big plus and doesn’t deserve maximum sentencing…facts not political opinions are a must in courtrooms….
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8 years is a long time to be locked up.
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For those continuing to track: I saw cloture filed on Mascott for CCA3. Does that mean a Thursday-Monday cloture-floor vote?
Surprised to see Dunlap linger. I figured the combination of CCA1 being 0-5 (R-D) appointees right now and Senator Collins as the Senator would have been enough to line up at least a cloture-floor vote (even if skipping cloture probably a bridge too far). With Judge Ikuta seemingly in no rush, I wonder when they’ll get to Tung (and if Taibleson will jump the queue since the CCA7 is now 5-5 (R-D) and Judge Sykes going senior).
I know the Senate is dealing with a lot right now and there aren’t too many AIII judges in the queue. But going from 7-6 (R-D) appointees to 8-6 after Mascott probably helps if we’ll see a push for more en banc reviews. I’ve noticed a couple contentious ones in CCA6 recently.
From SJQs, we know the Missouri Senators were already moving to advance nominees this time 11 months ago. That we still have zero nominees out of Texas (I believe we’re up to 10 vacant seats) has been the most surprising thing for me so far.
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3rd Circuit has upcoming important en banc argument on assault weapons on October 15th. Mascott hearing that case is very important because without her, there is a possibility of it being tied 7-7.
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I have a theory about the Texas vacancies. There are so many of them that they are inundated with applicants and are struggling to vet them all.
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Katie Porter’s campaign is reportedly in trouble after a few on air gaffes.
If Padilla wants to leave the Senate and enter the campaign for Ca guv now is the time to do so.
https://apple.news/AK6GyGPOwTS6D5yHqVGRL2Q
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Padilla is just fine right where he is & I’m sure he knows that. California can either vote for Porter or any other number of viable Democrats that aren’t in the US Senate.
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Well, that’s a decision for Padilla ( he’s said he’s open to it ) and voters in California to decide .
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Jennifer Mascott is now Judge Jennifer Mascott, by a 50 to 47 vote.
The SJC just voted out a swath of judicial nominees. I thought that Rebecca Taibelson might get some Democratic support, but was voted out by a party-line vote. Does anyone know where Tammy Baldwin stands on her?
The North Carolina nominees got some bipartisan support. I think that some Democrats owe Thom Tillis a favor of some kind and he just cashed it in.
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Even if Kamala won it’s unlikely she would have gotten to fill Kents seat but man I still can’t believe the Dems wouldn’t figure out what to do about Joseph Greenaways vacancy and gave that seat and the 8/6 conservative majority to someone as corrupt as Emil Bove.
I was so excited to see the first Muslim judge on the circuit courts and still say the spineless Dems should’ve confirmed him when they had the chance for months but if you knew you would fail, just withdraw his nomination people.
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OMG, he’s 43?!!!
That’s awful but also wow, being a far right corrupt hack does the body no good.
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Martin Jenkins is retiring from the Ca Supreme Court.
He was retired when he was seleactec.
It will be interesting who Newsom will choose as a replacement .
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And to all the Dems too scared to vote for a Muslim Judge, look at the reaction for Emil, a blatantly unqualified, lawless, bias hack…NOBODY cares!!!
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I think it was worse than fear. I believe anti- muslim bias was behind their lack of support.
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I agree entirely. Some of the far right Senate Republicans feverishly beat that drum, despite endorsements he pulled from a number of Jewish groups. And weak sisters like Cortez Masto and Rosen slunk into their column.
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Ex law clerk of Justice Clarence Thomas sounds the alarm about the Supreme Court giving President Trump too much power….I pose the question is SCOTUS bending the rules of our constitution to give one of the 3 co equal branches of the government more power ….Repercussions? Legacy of the Roberts era?
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Ex law clerk of Justice Clarence Thomas sounds the alarm about the Supreme Court giving President Trump too much power….I pose the question is SCOTUS bending the rules of our constitution to give one of the 3 co equal branches of the government more power ….Repercussions? Legacy of the Roberts era?
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On October 16, the SJC has a vote on the Mississippi judicial nominees. But John Guard is not on the list.
Something in his background has been found.
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Nominations hearing scheduled for 10/22. So I guess we’ll get a batch sometime before Tuesday. By my count, there are 30 “red” possibilities (if you include the R seat on the Court of International Trade).
https://www.judiciary.senate.gov/committee-activity/hearings/nominations-10-22-2025
Unable to watch the video on the SJC website from China. Did they vote out the Mississippi district court nominees?
Mooty jumped the line and from the Senate Executive Calendar, looks to be a cloture vote today and then the 5:30pm (?) floor vote on Monday.
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Maybe we will get a healthy dose of Texas nominees. You could fill two hearings with just Texas alone. I’m still mad Biden couldn’t get more district court slots filled there with nominating a 59 year old left of center centrist for the 5th. HUGE missed opportunity.
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Would love to find any commentary on what’s happening with the Mississippi picks: https://www.judiciary.senate.gov/download/2025-10-16_ebm_resultspdf (all three held over again (two district court, one U.S. attorney).
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Does it really matter if someone is “center” on a far right court?
It really doesn’t matter given the makeup of the current court.
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Yes it matters. 10 or 20 years from now it will matter. The composition of the court changes over decades. Conservatives have figured this out. You need to follow suit.
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On Monday, there will be a vote on Hal Mooty of Northern Alabama will be voted on. The Senate already supported cloture by 62 to 34, he doesn’t seem to be controversial. He’s one of the leading commercial litigators in Huntsville, that’s all I know about him. Oddly, Wikipedia doesn’t have a picture of him.
Afterwards, there will be cloture votes on Anne Leigh Gaylord Moe of Middle Florida, William Mercer of Alabama, and Chad Meredith of Eastern Kentucky.
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You’re correct re Mooty being one of the less controversial Trump nominees so far this term. Since graduating from the U. Ala. School of Law, he has worked for two different firms in Huntsville, handling medical malpractice and commercial litigation. Mooty is a rare GOP pick who hasn’t been a member, it appears, of the Federalist Society. His major foray into politics was donating $2,100 to Katie Britt’s Senate campaign committee during the 2021-22 election cycle.
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https://www.uscourts.gov/data-news/judicial-vacancies/future-judicial-vacancies
Quick turnaround on this one:
06 – OH-S
Watson,Michael H.
Senior
10/17/2025
11/01/2025
W. Bush
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Since Ohio has two Republican Senators, the White House will have a lot of latitude. Will J.D. Vance play a role in the selection?
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In the past week, there have been major rulings on whether Trump can federalize and/or deploy the National Guard:
Oregon case:
Karin Immergut (Trump judge) ruled that Trump cannot federalize or deploy the National Guard in Portland
9th circuit ruled 2-1 (R. Nelson & Bade in majority; Graber dissenting) that Trump can federalize and deploy the National Guard in Portland. Both judges in the majority are Trump appointed, while Graber is a Clinton appointee.
Illinois case:
April Perry (Biden judge) ruled that Trump cannot federalize or deploy the National Guard in Chicago
7th circuit (Rovner, Hamilton, St. Eve) ruled that Trump can federalize the troops but cannot deploy them. Rovner and Hamilton lean liberal, while St. Eve leans conservative.
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Back in the U.S. in two weeks so I’ll be able to focus on this again. Two more district vacancy names announced. Wondering if they (and anyone else) will be at the Wednesday hearing.
E.D. Louisiana (1) & W.D. Louisiana (1).
William Crain is Trump’s pick for a vacancy on the US District Court for the Eastern District of Louisiana, and Alexander Van Hook is his choice for a seat on the Western District of Louisiana, Trump posted Monday on Truth Social.
https://news.bloomberglaw.com/us-law-week/trump-taps-state-justice-ex-us-attorney-for-louisiana-us-courts
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Something catches my eye on this. Williams Crain is 64 y/o and Alexander Van Hook is 55 y/o. It’s not consistent with the Trump Administration’s picks in his first term.
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I looked at Trump’s appointments for Louisiana and barring one, all his judicial appointments there are above 50 with the oldest being 61 at the time of confirmation.
Honestly, as long as he’s nominating older judges who are more likely to retire earlier rather than far-right hacks in their 30s and 40s who’ll stay in the courts for at least a generation, then we’ll be alright.
Besides, William Crain is a Republican judge on the Louisiana Supreme Court and him leaving would make the partisan composition an even 3-3.
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I would outright vote for the Louisiana as well as the Montana nominees just based on age alone. Even if they are a far-right hack, I’ll take an older one with Republicans having 53 senators. As we saw with Bove, they will confirm just about anybody so Democrats should at least make it clear that if they are old, they will have a smooth confirmation.
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Axios article is the first I’m seeing of reporting on the stalled Guard nomination. If you google Axios Guard judge you should be able to easily find it.
Judiciary hearing looks to be the two Louisiana picks and an AAG for the DOJ. SJQs up. https://www.judiciary.senate.gov/committee-activity/hearings/nominations-10-22-2025
Re: Louisiana and Mitch, I checked the ages for some of the Trump 1.0 judges in Louisiana. Complete speculation, but my sense is Kennedy would be looking for more “established” picks. Especially given his questioning of nominees.
Speaking of speculation, anything on the Mississippi picks stalling? The only things I can think of that would hold both are at least one R who would vote no in committee on both, something related to the selection process, or more information needed before a vote. Anything else more benign possible?
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Oh WOW. Thanks for the info. I didn’t have Republican senator Rick Scott refusing to turn in a blue slip for a Trump nominee on my BINGO card for today…
(Exclusive: Trump judicial nominee “indefinitely” stalled by criminal probe)
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It’s being said that the Trump Administration doesn’t think there’s wrongdoing, but want to avoid a lengthy nomination, so they’re waiting to make sure.
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Wow! That’s definitely quick action, considering that, according to the White House site, the two judicial picks were only sent to the Senate on 10/21. (The orange felon’s Truth Social posts don’t qualify as “official” business.)
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They also nominated Andrew Tyson Duva to run the Department of Justice’s Criminal Division. I wonder why it too so long to find someone?
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Good morning from Shanghai! Skimmed the SJC Hearing today, looks like Duva got the majority of the questions.
Kennedy highlighted in his opening the power of the blue slips and the clout home state senators have on district court selections. Based on his questioning generally and his “lawyer’s lawyer” focus, I see him continuing to support nominees with long established track records of excellence. I just don’t see that in the < 45 year old nominees (no matter how credentialed and impressive they are and their first 10-15 years of practice). The difference between the Hawley/Schmitt model is Louisiana will likely need to fill seats more often and wait longer for senior status/retirement/resignation.
Mercer confirmed on party line vote. If you think about the Missouri model of “maximizing” who is confirmed (no need for bipartisan support), the first two Alabama picks definitely have stood out. By my count, the first ten confirmations had 2 D/I votes (King for Divine* and Welch for Dudek). Mooty, in contrast, received 14 D/I votes. No deeper insights into that, but I thought it was interesting given the ability in red states to “maximize selections. “Lewis received 60 votes for cloture today so more bipartisan support. LaCour I guess will be party line based on SJC EBM vote and history (Doug Jones blue slip).
Mercer (D. Montana) confirmed today on a party line vote. Christensen was confirmed in 2011. Not just Obama but 2 Democrat Senators (Tester/Baucus). Been interesting to go back to those 2008-2014 maps, especially as I look at which judges confirmed around that time come up for Rule of 80 soon and how the Senate map has changed.
Tailbleson (CCA7) jumped the queue and I think her cloture vote tomorrow is alongside Meredith (E.D. Kentucky). Doesn’t look like they’ll get to Lewis (M.D. Alabama) until next week, at least from the Senate Press Gallery post. If any circuit nominee is going to get bipartisan support, my guess is it would be her. Surprised they have been so slow on Dunlap, since Gelpi is technically a W. Bush appointee (elevated by Biden) and with Howard senior, outcomes may be slightly different based on (an admittedly small number of) draws.
And a follow up, Mississippi isn’t just waiting on the two district nominees in the EBM but also the two U.S. attorneys. No idea what’s going on, but definitely send an article if anyone sees anything.
Other things I’m curious about? When Alaska fills its two seats (one of three active judges is an Obama appointee); who Trump nominates for the Republican seat on the Court of International Trade; and when Texas will decide on any of the 10 seats (among other stuff!).
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The difference between the Hawley/Schmitt model is Louisiana will likely need to fill seats more often and Missouri will wait longer for senior status/retirement/resignation.
edit
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Sonia Sotomayor was a GHW Bush nominee too.
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The big race in 2 weeks is the retention cote for 3 PA State Supreme Court justices – Christine Donohue, Kevin Dougherty, & David Wecht. If these 3 judges are retained (Vote Yes) then Democrats will keep their 5-2 majority.
https://en.wikipedia.org/wiki/Supreme_Court_of_Pennsylvania
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Article on a topic I think may interest some of the regular commenters.
https://news.bloomberglaw.com/us-law-week/more-democrats-defy-progressive-calls-to-reject-trump-on-judges
More Democrats Defy Progressive Calls to Reject Trump on Judges. (Tiana Headley is a judiciary reporter and is great to bookmark to keep up to date).
“Progressive groups have urged blanket opposition to Trump’s judicial picks. Demand Justice, a liberal judicial advocacy group, has pledged under its new president to revive pressure tactics from the first Trump administration, including some that rankled Democrats.”
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It’s not true that all of Trump’s nominations are bad just because he made them .
There were several from Trump’s last term including Stephanie Dawkins Davis (Mich) who was a good nominee.
I am sure Dequan will be pleased as punch that a few Trump nominees will be over 65.
I agree those are nominees who need to confirmed.
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@Shawnee68 is 100% correct here. Folks weave in face reality. Republicans have 53 senators & who doesn’t care about norms. Democrats should be encouraging him to nominate older judges by giving smoother confirmations when he does. Red state nominees are almost always going to be right wing regardless so they should make it be known that if they are at least older, they will have plenty of bipartisan support. If I was a senator I would deploy this strategy & encourage my colleagues to follow suit.
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Am I missing something, remember in Biden admin, Democrats couldn’t move on nominations while a bill was in process on the floor. Well, Republicans are moving on nominations while the funding bills are still not thru the senate. I thought the funding bills have to be passed before they can continue with nominations?
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You are only missing one thing. Republicans are in the majority now. So any norms you thought can be thrown out the window. If it isn’t written in the constitution or a law then the Senate doesn’t have to abide by the norm. Republicans know this, Democrats apparently don’t.
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The more I think about it, it’s practically a miracle as many judges were confirmed in the Biden admin.
Between the ENDLESS headaches that Manchin and Sinema created. Then throw in all the COVID absences they had to deal with especially in the first 2 years. THEN there was the extended absences of Feinstein and Fetterman in 2023. Then, unlike now, no nominees were confirmed until pending bills were completed first. Also, the senate is session FAR more in this Congress – Democrats had way to many Mondays off. Republicans have mostly kept Fridays off this year, but there are no Mondays off for the most part unless its holiday or a regularly scheduled week off
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Yup. Plus now Republicans have block confirmations of other non judicial nominees so that frees up the senate calendar more for judges. That’s what angers me so much. As hard as Democrats worked, had they done slightly more than the bare minimum, we could have had an even bigger impact.
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I agree Rick. It’s amazing they were able to do what they did truthfully. I lament that Sarah Gideon and Bill Nelson did not win their respective senate races so we could have a workable majority too. I imagine we would’ve seen much more progressive and younger nominees pushed through. It’s a shame
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Yes, the Republicans spend more time on nominations because they are less interested in policy.
Can you name any policy proposal they have that would do you any good ? Of course not.
The Democrats did not have 53 Senators so those who not confirmed lacked the votes . It had nothing to do with how much time was being spent on nominations.
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Are you joking? Republicans are passing legislation that they consider good just like Democrats do when they are in power. I’m not a Republican so I don’t consider what the Republicans pass as good but who cares. They are still passing them along with confirming judges at a rapid pace. They get it
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Oh really like what? It’s good thing that we didn’t get rid of blue slips and the filibuster like some people wanted.
We would be powerless. At least now we can keep the DOJ on their heels by blocking US Attorney’s.
I don’t want to be like them and it wouldn’t work because anytime we get into the Whitehouse or the Senate the “progressives” do nothing but complain.
Sometimes I think they prefer protesting, rather than having their own leaders in office.
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The Senate voted for cloture on Rebecca Taibleman by 50 to 45. Tammy Baldwin voted against her. I thought that Taibleman might get some cross party support.
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In found out more about John Guard’s delayed nomination. Not only has his name come up in an inquiry involving the Hope Florida foundation, he’s bee subpoenaed to testify.
https://floridapolitics.com/archives/761612-white-house-pumps-the-brakes-on-john-guard-confirmation-amid-ongoing-hope-florida-inquiry/
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