Donald Trump is losing the Senate. He's now scrambling to turn the political power slipping away from him into lifetime judicial appointments. Democrats take control in January, and until then, the goal is to fill as many federal court seats as possible with his nominees. Judges who can stay on the bench for decades, long after presidents have left the White House. But now, of all people, Republican senators are beginning to put limits on his power grab.<\/p>\n\n\n\n
Trump has already pushed 57 judges through the Senate during his second term. During his first, there were 234, including three justices on the Supreme Court. Conservatives hold a six-to-three majority there. Roughly one-third of sitting federal judges were appointed by Trump. America's legal future already bears his signature. Another 23 nominees are awaiting confirmation. Senate Majority Leader John Thune is making those appointments a priority. The White House is demanding that every pending nomination be confirmed before the year is out. But when it comes to federal district courts, there's an inconvenient Senate tradition: Senators from the state in question can withhold their approval on a blue form and prevent a hearing from taking place. Even Republican senators aren't particularly eager to give up their say in the matter.<\/p>\n\n\n\n
In Arkansas, Trump has already been forced to back down. John Boozman and Tom Cotton blocked the promotion of federal Judge Lee Rudofsky to the Eighth Circuit Court of Appeals. Rudofsky had weakened enforcement of a major voting rights law with one of his rulings. The White House withdrew his nomination and named J. Cody Hiland of the Arkansas Supreme Court instead. Back in August, Hiland had turned down an offer to become a federal district judge. In Texas, John Cornyn has so far refused to support T. Elliot Gaiser. Gaiser is from Ohio, was nominated without going through the usual selection process, and heads the Justice Department office that has provided legal backing for some of Trump's most controversial initiatives. Without Cornyn's approval, his hearing on Wednesday cannot go forward.<\/p>\n\n\n\n
In Oklahoma, Alan Armstrong went so far as to withdraw his earlier approval of attorney Zach West. West had defended abortion restrictions and supported religious schools taking part in publicly funded education programs. Thom Tillis is backing the effort to block him. Armstrong leaves the Senate on November 30; his Republican successor, Kevin Hern, could clear the way for West again. Tillis himself is also leaving office. Cornyn lost his primary to a Trump-backed candidate. Their political futures are limited, but they still hold power on the Judiciary Committee. Former White House lawyer Rob Luther sees that as an obstacle to appointing particularly ideologically driven conservatives.<\/p>\n\n\n\n
Tillis is demanding respect from the White House. Trump can't simply hand senators his nominees and expect them to fall in line. A peculiar late discovery within the very party that spent years helping the president reshape the federal judiciary to his liking. Now they're fighting over the last vacant judgeships. The judges who fill those seats will be handing down decisions long after the fight over their appointments has been forgotten.<\/p>\n\n\n\n