Senate adjourns early after confirming the 45th lifetime judge of Trump’s second term

Senators also invoked cloture on two nominations, teeing up confirmation votes in July.

The Senate on Wednesday confirmed John Marck to the U.S. District Court for the Southern District of Texas and Mike Hendershot to the U.S. District Court for the Northern District of Ohio. Both votes were party-line. Today, the Senate appeared likely to confirm Rob Jones to the Southern District of Texas after invoking cloture on his nomination yesterday — but just after 11 p.m. last night, the Senate adjourned for its two-week Independence Day recess. Jones will now receive a confirmation vote on July 13.

Strangely, the Senate also voted last night to invoke cloture on the nomination of Matthew Schwartz — one of Trump’s personal lawyers — to serve on the Second Circuit. That vote should not have happened until today given the Senate’s rules. Last night’s cloture vote suggests that Democrats agreed to hold it early so that the Senate could adjourn a day sooner. Like Jones, Schwartz will get a confirmation vote when the Senate returns next month.

Earlier on Wednesday, the Senate Judiciary Committee held a hearing on the nominations of Daniel Domenico for the Tenth Circuit and Matthew Byrne for the Southern District of Ohio. My coverage of yesterday’s hearing is here.

All six of the nominees who saw Senate action on Wednesday — like approximately 70 percent of Trump 2.0 lifetime judicial nominees — are white men. Marck and Hendershot became the 44th and 45th lifetime judges confirmed during Trump’s second term.

Video of Marck, Hendershot, and Jones from their confirmation hearing in April went viral after Marck was unable to tell Senator Chris Coons what the 22nd Amendment provided for. When Senator Coons asked if any of the nominees were brave enough to say that Trump can’t run for a third term, no one raised their hand or offered a verbal response. Later, in responses to written questions for the record, the nominees conceded that Trump is not eligible to be elected president in 2028.

Still, these three men (in addition to Schwartz, Domenico, Byrne, and every other nominee) would not say during the hearing or in responses to written questions that President Biden won — or that Trump lost — the 2020 election. At that time, nominees were still saying Biden was simply “certified” as the winner, though nominees’ methods of dodging that question have since evolved.

They would also not directly answer questions about the January 6 attack on our democracy. “This question calls for a response that could be seen as opining on political matters or potential future cases, and I cannot provide such an answer consistent with my ethical obligations as a judicial nominee,” Jones said in response to one written question.

Marck and Jones have been serving alongside each other as the acting US Attorney and executive assistant US Attorney, respectively, in the Southern District of Texas. For the past 15 years, Hendershot has been serving as the chief deputy solicitor general of Ohio — where he’s been busy attacking fundamental rights and freedoms.

“Hendershot has repeatedly led and supported efforts to undermine abortion access. He was counsel of record in a case where he defended Ohio’s law banning abortion before most people know that they are pregnant — even after a majority of Ohio voters chose to enshrine reproductive rights in their state constitution. He also defended burdensome and medically unnecessary restrictions on abortion clinics,” according to a resource from Reproductive Freedom for All, which opposed Hendershot’s confirmation. “Hendershot also has a record of undermining fair elections and trying to prevent Americans from exercising their constitutional right to vote, including by defending Ohio’s decision to eliminate same-day registration and reduce early voting access. Hendershot also has a record of attacking other fundamental rights, including LGBTQ+ equality, and gender justice.”

As a special treat for his anti-abortion efforts, Senate Republicans confirmed Hendershot yesterday on the anniversary of Dobbs v. Jackson Women’s Health Organization — the decision that overturned Roe v. Wade. When Senator Alex Padilla asked these nominees in writing whether they believe individuals have any constitutionally protected right to make reproductive health care decisions, no one named a right — instead saying it would be inappropriate for them to respond.

I will have more coverage of Schwartz’s nomination ahead of his confirmation vote next month. Until then, check out my previous reporting on his nomination:

• Second Circuit nominee recently asked SCOTUS to overrule its decision upholding core civil rights protection

• Second Circuit nominee Matthew Schwartz lambasted a same-sex wedding at Princeton

• Trump’s judicial nominees seem to share his white supremacist vision for America

• “You both know better”: Trump’s loyalist circuit court nominees dodge questions during hearing

• In responses to written questions, Trump’s circuit court nominees continue dodging

• Judiciary Committee advances six more of Trump’s lifetime judicial nominees