Nineteen Senate Democrats have now voted to confirm at least one Trump judicial nominee this term
What are we doing here?
The Senate this week has already confirmed four more of Trump’s lifetime judicial nominees — with votes on two more scheduled for tomorrow. Brian Lea, who has never practiced in Tennessee, will likely be confirmed to the Western District of Tennessee at 11:30 a.m. ET. Then, the Senate will take cloture and confirmation votes on the nomination of Justin Olson — whose appalling record is beyond disqualifying.
Lea and Olson will likely be opposed by all Senate Democrats. Indeed, Lea’s cloture vote this afternoon was party-line. But two of the nominees who were confirmed this week (Fowlkes and Peterson, as I reported), received bipartisan support.
Five Democrats voted ‘yes’ on whether to end debate on Fowlkes’ nomination, and the same five Democrats voted to confirm him. Yesterday, four Senate Democrats voted ‘yes’ on whether to end debate on Peterson’s nomination — and then earlier today, something strange happened. When the Senate voted on his confirmation, three Democrats switched their votes from ‘no’ to ‘yes’ — handing him a 58-39 final vote.
One of the senators to switch their votes was Senator Tammy Duckworth, who had previously opposed confirmation of every judicial nominee during Trump’s second term. Today, she became the 19th Senate Democrat (including Senator Angus King, an Independent who caucuses with the Democrats) to support the confirmation of at least one of the president’s judicial nominees.
Less than 24 hours before the vote, Senator Duckworth posted on Bluesky, saying “Trump wants to seize our elections and take away your right to vote so he can stay in power. It’s un-American, authoritarian and dangerous.” It is unclear why, after posting that message in particular, she changed her vote to support one of the president’s judicial nominees — a nominee who would not say that Trump lost the 2020 election.
Senator Duckworth’s office did not immediately respond to a request for comment about her vote today. Several other senators who supported nominees this week have also not yet returned requests for comment — and I will update this story if they do.
Senators Tim Kaine and Mark Kelly also switched their votes between the cloture and confirmation votes on Peterson’s nomination (Kaine supported Fowlkes as well). Senators Dick Durbin, Maggie Hassan, Jeanne Shaheen, and Sheldon Whitehouse supported Fowlkes and Peterson on both votes.
In a letter sent to senators this week opposing another judicial nominee, People For the American Way made clear why supporting Trump’s judicial nominees in this moment is unacceptable. After discussing the administration’s violation of court orders, they wrote:
What should also give people pause – no matter their political beliefs – is the idea that the Senate would continue to confirm the judicial nominees of a president at the center of this assault on the rule of law, who will determine if he and his administration will be held accountable to the law and the Constitution.
This president is dangerously unqualified to be making lifetime appointments to the one branch of government that is in a position to provide checks and balances to his lawless actions.
Democrats are not, of course, confirming these judges alone, and they are not in charge of managing the Senate floor calendar. But they should, at least, be unwilling to contribute any votes to Trump’s loyalist appointees, and they could certainly be using additional procedural tools to delay their confirmations.
After tomorrow, it will likely be about a month until more judicial nominees advance to the Senate floor. Four more nominees were considered by the Senate Judiciary Committee this morning and, given the Presidents Day recess, they may not receive committee votes until March 5 — making them eligible for full Senate consideration the following week.
Watch this space.