Senate Republicans elevate Trump loyalist Daniel Traynor to the Eighth Circuit
One advocate called him a “Trump sycophant who will carry out his extreme political agenda through the courts.”
The Senate on Thursday afternoon confirmed the nomination of Daniel Traynor to serve on the U.S. Court of Appeals for the Eighth Circuit. The vote was party-line.
Traynor was appointed to the U.S. District Court for the District of North Dakota during Trump’s first term. His elevation to the Eighth Circuit creates a new vacancy for the president to fill on the District of North Dakota, where a woman or person of color has never served as a lifetime judge.
Trump has now appointed six white men to the Eighth Circuit — a court on which a woman of color has never served. Only two judges of color, and two (white) women, have ever served on the Eighth Circuit.
Following the confirmation of Benjamin Flowers to the Sixth Circuit yesterday, the Senate has now confirmed 10 circuit court nominees during Trump’s second term. Three of them are Trump’s former personal lawyers. Two more circuit court nominees remain pending in the Senate, and one more seat on the Eighth Circuit opened up this week when Judge Bobby Shepherd announced that he is taking senior status.
During his hearing and in responses to written questions for the record, Traynor repeatedly refused to say that Joe Biden won the 2020 election. “President Biden was certified as the winner of the 2020 presidential election,” Traynor wrote five separate times in responses to five different senators’ questions. “He served as the 46th President of the United States.” Traynor would also not say that the U.S. Capitol was attacked on January 6, stating during the hearing that “the actions on January 6 were deeply troubling to watch, but I’m not going to characterize it beyond that.”
Senator Richard Blumenthal, who asked Traynor about these topics during the hearing, made his frustrations known. “I don’t know how you can continue as a district court judge let alone serve on the court of appeals,” he said. “You have the protection already of a lifetime appointment, and you’re unwilling to tell the truth to this committee. I think that, frankly, it’s shameful.”
Advocacy organizations have called out Traynor’s record of ruling against fundamental freedoms. According to Reproductive Freedom for All, for example, Traynor’s accomplishments as a district court judge include undermining protections for people who have abortions or who undergo in vitro fertilization (IVF) care. He has also “built an aggressive anti-LGBTQ record on the bench, using religious liberty and compelled-speech theories to shield employers from rules protecting transgender workers,” the group says.
“Judges hostile to sexual and reproductive health care should not have the power to decide the futures of millions of people,” Planned Parenthood Action Fund wrote in a letter urging senators to oppose Traynor’s confirmation.
The National Women’s Law Center (NWLC) denounced Traynor’s confirmation on Thursday, calling out his extreme record and servility to Trump.
“Daniel Traynor is yet another Donald Trump sycophant who will carry out his extreme political agenda through the courts,” said Alison Gill, senior director of democracy and nominations at NWLC. “Traynor’s complete disregard for the separation between church and state, combined with his anti-abortion and anti-LGBTQIA record, will mean devastating consequences for women and queer people across the country. While not surprised, I am deeply disappointed that Senate Republicans once again confirmed someone who puts the rights and freedoms of millions of Americans at risk.”
People For the American Way and Alliance for Justice released resources detailing much more about Traynor’s troubling record. The National Council of Jewish Women also opposed his confirmation.
During his confirmation hearing, Ranking Member Dick Durbin noted that Traynor volunteered to hear habeas petitions from immigrants who were rounded up as part of Operation Metro Surge in Minnesota. According to Politico’s database, Traynor has ruled in 28 of these cases — each time siding with the Trump administration.
“You are an extreme outlier on this issue, which you’ve even acknowledged in several of your opinions,” Senator Durbin said. “In your opinions, you embrace the Trump position that it can detain any immigrant without a bond hearing, no matter how long they’ve been in the United States and even if they have no criminal history.”
Traynor was also questioned by multiple senators about a letter he signed — alongside 12 other sitting Trump-appointed judges — announcing that they would not hire any law clerks from Columbia University. “As judges who hire law clerks every year to serve in the federal judiciary, we have lost confidence in Columbia as an institution of higher education. Columbia has instead become an incubator of bigotry. As a result, Columbia has disqualified itself from educating the future leaders of our country,” the letter states.
During the hearing, Democratic senators called out the hypocrisy of Traynor refusing to comment on the “political controversy” of January 6 but inserting himself into the controversy at Columbia. Senator John Kennedy, a Republican from Louisiana, also expressed irritation that Traynor signed the letter. “You’re a judge. You can do what you want. I hope you won’t do something like that again,” Senator Kennedy said. “To do that as a private lawyer is one thing. To do it as a sitting federal judge is quite another, and I just don’t think it’s a good thing. It’s my personal opinion.” Still, Senator Kennedy supported Traynor’s confirmation.
At last week’s Judiciary Committee markup, Senator Durbin also noted that “Traynor denied a recusal motion in a case brought by Columbia Law School’s Initiative for a Just Society, implausibly claiming he wasn’t biased against Columbia University.”
Despite all of this, Senator John Hoeven of North Dakota defended Traynor on the Senate floor this morning and urged his colleagues to join him in supporting Traynor’s confirmation. According to Senator Hoeven, Traynor “embodies the highest standards of judicial service” and “has dedicated his professional life to upholding the rule of law.”
“Judge Traynor is a man of integrity, intellect, and a deep faith in our constitutional system. He’s earned a reputation as a thoughtful and fair jurist, whose commitment to justice is respected by those who know him and those who have appeared before him,” Senator Hoeven said. “His judicial record reflects a deep respect for the Constitution, an appreciation for the limited role of the judiciary, and a commitment to deciding cases based on the law, rather than on his personal opinion or policies.”
Traynor’s record belies those statements, but he now has a lifetime appointment on a powerful federal appellate court.