Senate Drama: Trump’s Allies’ Absences Enable Biden’s Judicial Victory
In a surprising turn of events that has sparked controversy within Republican ranks, Senate Democrats successfully confirmed several of President Biden’s judicial nominees this week, mainly due to the notable absences of vital Republican senators aligned with President-elect Donald Trump.
The confirmations came despite Trump’s explicit calls for a complete Republican blockade of judicial nominations during the final weeks of the Biden administration. The situation has created visible tension within the GOP, with several prominent Republicans missing crucial votes while attending events at Trump’s Mar-a-Lago resort or other campaign-related activities.
Senator JD Vance found himself at the center of controversy after missing a significant Monday evening confirmation vote. When criticized for his absence, Vance defended himself in a now-deleted social media post, revealing he was discussing potential administration positions at Trump’s Florida resort, including selecting a new FBI Director.
The Senate approved Embry Kidd for the 11th Circuit Court of Appeals with a 49-45 vote, highlighting the impact of Republican absences. Five Republican senators, including Vance and Senator Bill Hagerty of Tennessee, were absent for this crucial vote.
“Senate Republicans must show up to make this more difficult and to try to block these radicals from being confirmed,” stated Carrie Severino, who heads the Judicial Crisis Network, expressing frustration with the Republican absences.
The situation became more complex when several GOP senators, including Marco Rubio and Ted Cruz, missed additional votes while attending a SpaceX launch with Trump in Texas. These absences enabled Democrats to confirm two district court nominees who faced united Republican opposition.
In a particularly tight vote, Sarah Russell’s nomination for Connecticut’s federal trial court passed with exactly 50 votes. Had the six absent Republicans been present and voted no, the nomination would likely have failed, especially given Vice President Harris’s absence during her Hawaii trip.
Trump took to social media to express his displeasure, writing, “Republican Senators need to Show Up and Hold the Line — No more Judges confirmed before Inauguration Day!”
Senator Thom Tillis (R-N.C.) shared this frustration, telling reporters, “I am furious – 90% of success in life is showing up.” He added that he had secured Democratic votes to defeat a 4th Circuit nominee, but only if his Republican colleagues were present for the vote.
The confirmations carry significant weight for the incoming Trump administration. Unlike his first term, when Trump inherited over 100 judicial vacancies, his second term will start with less than half that number of openings. This reduction in available positions could limit his ability to reshape the federal judiciary as extensively as he did during his first term.
Looking ahead, incoming Majority Leader John Thune (R-S.D.) has announced plans to defend against Biden’s final nominees aggressively. However, current Majority Leader Chuck Schumer (D-N.Y.) appears ready to counter these efforts with late-night and weekend votes if necessary.
The ongoing judicial confirmation battle underscores the high stakes of court appointments and highlights the critical importance of attendance in the closely divided Senate. As the transition period continues, both parties remain locked in a strategic battle over the future composition of the federal judiciary.