Nominees announced for Eighth Circuit, Kansas district court seats
Once again, Trump is rewarding one of his personal lawyers with a lifetime judgeship.
After nominating three women to lifetime judgeships last week, Trump on Wednesday returned to one of his favorite pastimes: Selecting white men to serve on the federal bench. In a series of Truth Social posts, Trump announced the nomination of Justin Smith to serve in a Missouri seat on the U.S. Court of Appeals for the Eighth Circuit, in addition to naming three men — Jeffrey Kuhlman, Tony Mattivi, and Tony Powell — for the U.S. District Court for the District of Kansas.
Smith, whose LinkedIn states that he is “an attorney and strategist who fights for conservative values,” is also an attorney who fights for Trump. As Bloomberg Law noted in its reporting, “Smith is currently representing Trump in the president’s request for the US Supreme Court to overturn a sexual abuse and defamation judgment handed down in a civil lawsuit from writer E. Jean Carroll. Smith is the counsel of record in that case, which is pending before the justices.”
For Trump, that means Smith is also putting America first. “He is a true America First Fighter, who will continue to deliver strong results for the American People,” Trump said in his Truth Social post. “Justin has defended many of my Common Sense and Popular Policies, like Energy Dominance and Keeping Men Out of Women’s Sports. Justin also played a BIG role in securing a Supreme Court Landmark Victory on Presidential Immunity.”
On the day of Trump’s second inauguration in January 2025, Smith posted on X that “It’s morning again in America. Our long national nightmare is over.” His loyalty to and love for Trump — and his hostility to the rights of transgender people — is now being rewarded with a lifetime seat on a powerful federal appellate court.
Smith also previously served as Senator Eric Schmitt’s chief of staff and first assistant in the Missouri attorney general’s office. Schmitt, who serves on the Senate Judiciary Committee, gushed that “Justin Smith is one of the finest lawyers in the country,” noting that he is the 10th “Schmitt-alum” tapped by Trump to work in the legal system. Those alums include the four Missouri district court judges appointed by Trump last year and Solicitor General John Sauer.
Smith and Sauer are also part of the Trump-lawyer-to-government-job pipeline, which includes Attorney General Pam Bondi, Deputy Attorney General Todd Blanche, Assistant Attorney General for Civil Rights Harmeet Dhillon, White House Counsel David Warrington, and White House Staff Secretary Will Scharf. This list also includes Emil Bove, who is now serving on the Third Circuit when he’s not attending MAGA rallies.
Last year, I wrote about the Eighth Circuit’s diversity problem — and how Trump could further entrench it. He is now doing so. During his first term, Trump appointed four white men to the Eighth Circuit — and half of them were rated Not Qualified by the American Bar Association’s Standing Committee on the Federal Judiciary. Throughout history, only two judges of color, both Black men, have ever been appointed to this court. As I wrote in November:
The chances of this president appointing the Eighth Circuit’s first woman of color to serve — and one who will bring to the bench the kind of professional diversity and commitment to equal justice that the court needs — are likely zero. But it’s what the court, and what communities in the Eighth Circuit, deserve.
Welp.
With Smith’s nomination, Trump is — for now — out of circuit court vacancies to fill.
The District of Kansas
During his first term, Trump appointed three white judges to the District of Kansas — a court where only two judges of color have ever served (and where none are active judges). He is now doubling those three first-term appointments with the nominations of Jeffrey Kuhlman, Tony Mattivi, and Tony Powell.
“A proud Graduate of Kansas State University, and George Mason University School of Law, Jeff brings tremendous experience to the role, and will do a fantastic job for the Great People of Kansas, a State I won three times!” Trump wrote on Truth Social about Kuhlman’s nomination. “Jeff is TOUGH and SMART, and will tirelessly defend our Constitution in this new position.”
Kuhlman graduated from law school in 2015, meaning he lacks the legal experience that has historically been considered necessary for service on the federal bench.
Mattivi, on the other hand, graduated from law school more than three decades ago. He is currently the director of the Kansas Bureau of Investigation and was previously a federal prosecutor for 22 years. “Tony’s vast experience has prepared him well to serve the Great People of Kansas, and restore LAW and ORDER,” Trump said in his post.
On their page dedicated to his nomination, Alliance for Justice has already indicated they oppose Mattivi’s confirmation.
Powell — the other Tony — graduated from law school 35 years ago (note: age and experience doesn’t mean one is qualified for, deserving of, or entitled to a lifetime federal judgeship). He is currently the solicitor general of Kansas and previously served as a state legislator, state district judge, and a judge on the Kansas Court of Appeals. Trump noted that Powell is “Highly Respected for his extensive appellate and trial experience, and his unwavering commitment to upholding the Rule of Law, and protecting our Constitution.”
Kansas Senators Jerry Moran and Roger Marshall both praised the nominations. It is unclear when the Senate Judiciary Committee will consider these nominees, though they won’t be eligible for a hearing until at least March 18.