Republican Senators find themselves at the center of heated criticism after their sudden absences during key votes on judicial nominees, allowing several left-leaning judges to be confirmed to lifetime positions. This slip presented ample opportunity for the Democrats, who are racing against time to secure judicial nominees before the end of President Biden’s term. The juxtaposition of their absence hung heavily over the party, with former President Donald Trump calling on Republican senators to "show up and hold the line" against these appointments—setting the scene for what many believe is a pivotal moment for the GOP and its influence over the judiciary.
On November 19, Senate Democrats successfully confirmed Embry Kidd to the 11th U.S. Circuit Court of Appeals, which proved to be significant not just for the Democrats but also as the first judicial nominee confirmed during the so-called lame-duck session. The confirmation came with the narrowest of margins—49 to 45—largely due to the absence of five Republican senators during the vote. Senators JD Vance (OH), Mike Braun (IN), Marco Rubio (FL), Steve Daines (MT), and Bill Hagerty (TN) were all missing. This sparked considerable backlash from their peers and conservative party leaders alike.
Trump's admonition came swiftly. He took to social media, blasting the sentiment, “The Democrats are trying to stack the Courts with Radical Left Judges on their way out the door.” His call-to-action electrified discontent among Republican circles, urging senators to "hold the line" and put checks on judicial appointments from the Biden administration.
Adding fuel to the fire, Senate Minority Whip John Thune initiated strategic plans to block as many judicial confirmations as possible before the new Congress began. This would involve tactical procedural maneuvers aimed at significantly delaying Democrats' efforts to push through judicial votes. “If Sen. Schumer thought Senate Republicans would just roll over and allow him to quickly confirm multiple Biden-appointed judges, he thought wrong,” Thune noted. The plan was highlighted as part of the GOP's response to their dwindling chances to combat judicial appointments during the final weeks before Biden’s term expired.
Comments from within the party revealed deep frustrations; Senator Thom Tillis of North Carolina lamented, “When we do not show up to vote, we lose. It’s as simple as ABC.” Likewise, Senator John Kennedy cast his frustration plainly, stating, “On a scale of 1 to 10, it’s at least a 12.” Kennedy criticized the qualifications of some appointees, emphasizing the importance of Republican presence during such votes to prevent what he called unqualified candidates from attaining judicial positions.
But it wasn’t just the absence of Republicans on the floor causing issues; reports indicated tension within the party. Closed-door discussions reflected considerable anger aimed particularly at those who missed votes on these nominations. Many Republicans believed their absence squandered what could have been a successful defeat of some judicial nominees, largely due to the favorable conditions with several Democrats also missing.
Some have speculated the causes of these missed votes may have stemmed from alternative commitments, such as attending the SpaceX launch, which some Republican senators attended at Trump's behest, inadvertently robbing the party of the votes necessary to block judicial nominees.
With various resignations and absences making headlines, the GOP's internal clash illuminated the larger struggle for the party to maintain its strength, especially as they navigate disagreements about the future direction and strategy heading forward. Florida Governor Ron DeSantis joined the fray, rebuking his fellow Republicans, stating, “This leftist judge would have been voted down and the seat on the important 11th circuit would have been filled by Donald Trump next year had Republicans showed up.” His condemnation reflected the mounting pressures on senators to toe the party line during these significant votes.
The Wall Street Journal Editorial Board weighed in, denouncing the missed votes, emphasizing their responsibility during the lame-duck session. They stated, “A few good GOP excuses can mean a lifetime on the bench,” pushing home the message about the ramifications of their absence. It was pointed out as part of their core duty to their constituents and the party to show up and participate fully.
Overall, the events surrounding the confirmation of judges encapsulate the delicate balance of power within the Senate and the shifting tides of political influence, where each vote has the potential to resonate across judicial interpretations for generations.
