Since President Trump took office again, there has been a noticeable rush among Democratic lawmakers to challenge his policies in court. In order to move forward with his agenda, Trump needs the Senate to support constitutional advocates. The obstruction from Democratic senators isn’t unexpected; notably, not a single one supported Trump’s nominee for the appellate court. However, many Republican senators have also been slow to push through their nominations. The most pressing issue is the lack of filled district court positions, particularly in states that lean conservative like Texas, Oklahoma, and Kansas. As midterm elections approach, this slow pace will likely pick up, at least temporarily.
District courts are essential components of the federal judiciary, and any vacancies here can have immediate negative consequences. These courts handle a vast range of federal cases, from immigration issues to criminal trials to constitutional challenges. But, interestingly, getting district judges confirmed can be trickier than securing Supreme Court justices. One major hurdle is the blue slip process, where local state senators can effectively veto candidates for district court, U.S. attorney, and federal marshal roles.
For over a hundred years, U.S. senators have held the power to choose attorneys and judges who might oversee their own legal issues. It’s unlikely they’ll give up this power anytime soon. Sen. Thom Tillis from North Carolina has stated he will oppose any nominee not backed by his state’s senators. As Chairman of the Senate Judiciary Committee, Chuck Grassley faces challenges with this blue slip obstruction, especially since any Republican senator can team up with Democrats to block a nominee.
Currently, around 15 district court positions remain vacant in states with at least one Democratic senator. It seems improbable that Trump will manage to fill many of these, as Democratic resistance remains robust. Notably, they were responsible for the longest government shutdown in history just a few months ago.
On a more concerning note, there’s a significant number of vacancies in states where both senators are Republican. There are nearly 20 district court vacancies in these red states. Texas, Oklahoma, and Kansas stand out for their vacancy crises—Texas alone has seven vacancies across multiple districts, which is perplexing given its close ties to immigration cases. Trump won Texas by a margin of 14 points, highlighting the absurdity of having such vacancies in a solid Republican state.
Texas isn’t the only state facing this slow vacancy filling. Others, like South Carolina, Louisiana, Alaska, Alabama, Ohio, Oklahoma, and Florida also experience delays, with Kansas holding three vacant positions. Trump carried all these states by considerable margins and it’s crucial that they receive judges who align with his legal philosophy.
If Senate Minority Leader Chuck Schumer regains majority control next year, this could bring a halt to Trump’s judicial confirmation efforts. Grassley is dedicated and will push Trump’s nominees quickly through the current process. Senate Majority Leader John Thune has also displayed effectiveness in getting nominees approved swiftly. Presently, there are no judicial nominees left on the Senate calendar; only four remain in the Judiciary Committee after recent hearings, meaning they should be set for a vote soon.
Republican state senators need to concentrate on filling these judicial vacancies, recognizing the immediacy of the situation. The Senate operates for only about 3.5 days a week, limiting speaking time. Should a Supreme Court vacancy arise, confirming a nominee would demand significant time and resources. Any delay would be detrimental and should be addressed without delay.
In summary, urgent action is needed from Republican senators to fill these critical judicial positions.
