President-elect Donald Trump has called on Senate Republicans to put the brakes on confirming President Joe Biden’s judicial nominees as Inauguration Day approaches. In a pointed Truth Social post, Trump accused Democrats of attempting to flood the courts with “Radical Left Judges” before Republicans regain control of the Senate in January. Trump’s plea comes as Democrats, clinging to their fleeting majority, scramble to cement their influence on the judiciary in the waning days of Biden’s presidency.
Trump’s frustration was amplified by the Senate’s recent confirmation of Judge Embry Kidd to the U.S. Court of Appeals for the 11th Circuit. With Republicans set to take a three-seat Senate majority in the next Congress, Trump urged GOP senators to “show up and hold the line,” making it clear that no more judicial confirmations should occur before his administration begins. The stakes are high as the balance of power shifts, and Democrats, led by Senate Majority Leader Chuck Schumer, race against the clock to push through as many nominees as possible.
Schumer has shown no signs of slowing down, boldly proclaiming that Democrats will focus their remaining time on confirming judges. Late-night votes have become the norm, with senators like Patty Murray proudly declaring their commitment to confirming Biden’s judicial picks until “the clock runs out.” Meanwhile, Sen. Elizabeth Warren has been openly advocating for Schumer to prioritize lifetime judicial appointments, urging Democrats to use their remaining leverage to confirm key regulators and judges who will be immune to Trump’s influence once he takes office.
Biden’s judicial nomination tally is noteworthy, with the White House boasting 261 nominees during his term, 216 of whom have been confirmed by the Senate. While the administration touts its accomplishments, the numbers pale in comparison to Trump’s judicial legacy during his first term, which saw 234 nominees confirmed. The final weeks of Biden’s presidency have put five nominees to intermediate appeals courts in the spotlight, along with 28 pending trial and appellate court nominees, as Democrats scramble to solidify their judicial footprint.
Republicans, however, are gearing up to throw a wrench in those plans. Sen. John Thune made it clear that the GOP will not stand idly by while Democrats attempt a last-minute judicial blitz. “If Sen. Schumer thought Senate Republicans would just roll over, he thought wrong,” Thune said, signaling a strategy to slow down the confirmation process. Trump echoed that sentiment, reiterating his demand that no judges be approved during the lame-duck session. As the clock ticks down on Biden’s term, the battle over judicial appointments is shaping up to be a key front in the larger struggle for control of the nation’s courts.
