Politics news and discussion on TalkFuse.
MIKE DAVIS: Lame-duck Senate has unfinished business and a ticking clock
Mike Davis argues that Senate Republicans should use the remaining days of the current session to confirm President Donald Trump’s 23 pending judicial nominees before Democrats take control on 3 January 2027. He says the circuit court nominees are especially consequential because the Supreme Court reviews only a small share of cases, leaving appeals courts as the final decision-makers for most federal litigants.
The nominees include four for appeals courts and 19 for district courts. Davis urges senators to advance them quickly, including Lee Rudofsky, whose nomination has prompted questions from Arkansas Republicans John Boozman and Tom Cotton. He points to Democrats’ confirmation of judges during the 2024 lame-duck session as precedent, and argues that delaying could leave vacancies for a future president to fill.
In short
- Davis urges Republicans to confirm 23 judicial nominees before the Senate changes hands.
- Four nominees are intended for appeals courts, which decide most federal appeals.
- Arkansas senators have raised questions about nominee Lee Rudofsky.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Republicans could argue that confirming the pending nominees before the session ends would fill judicial vacancies while the Senate and presidency are still under their party’s control. Appeals court judges shape the law for large numbers of litigants, and supporters may see the 2024 lame-duck confirmations by Democrats as precedent for acting promptly when control is about to change.
The case against
Critics could argue that last-minute confirmations, especially where senators have raised questions about a nominee, risk giving too little time for scrutiny and cross-party deliberation. They may also contend that a departing Senate should leave consequential appointments to the incoming Senate, which could assess the nominees and vacancies with a fresh mandate.