The clock is running out on President Donald Trump’s judicial agenda. As Democrats prepare to seize U.S. Senate control in January, the timeframe for confirming his remaining picks shrinks rapidly. This shift puts the future of the federal courts in a precarious spot. Republicans now face a shrinking timeline to get their nominees seated before the new session begins.
As of Nov. 8, the federal judiciary held 28 open seats. There are 16 nominees currently waiting for confirmation votes. Before Democrats assume Senate control, Republicans possess only a narrow window to move Trump’s picks forward. Zack Smith, a senior legal fellow at the Heritage Foundation, says the party must focus on lower-court judges right now.
On Monday evening, Truth Social saw Trump post that “Very important for the U.S. Senate to confirm all of our pending 161 Nominations, including 25 Federal Judges.” The pressure is on, but the schedule is tight.
The loss of the Senate majority also affects the Supreme Court. Alex Swoyer, author of “Lawless Lawfare,” told Fox News Digital that the election results could force a hard choice on when to retire. “It’s likely the justices — mainly Justices Thomas and Alito — are stuck on the high court for at least six more years with Democrats taking control,” Swoyer said.
Justice Clarence Thomas is 78 and Justice Samuel Alito is 76. Both are in their late 70s, making their retirement decisions very consequential. “Both in their late 70s, I could see why they may want to retire now, midterm,” Swoyer added. Fox News received confirmation from Alito on Thursday stating he intends no retirement. Serving through the current Supreme Court term remains his commitment.
Internal disputes are slowing things down even before the election. Arkansas senators’ resistance endangers a nominee capable of granting Trump appointees a federal appeals court majority. Sens. John Boozman and Tom Cotton are said to oppose Lee Rudofsky’s nomination. They favor Arkansas Supreme Court Justice Cody Hiland instead.
Robert Luther III, having handled nominations in Trump’s first White House, shared on X that “After losing the Republican Senate, Boozman is now blocking Rudofsky because he wants to negotiate with Democrats for his friend.” Sen. Mike Lee urged colleagues to confirm Rudofsky now. He cautioned that Senate delays would likely prevent President Trump from filling these roles during the next Congress.
Experts doubt the current GOP Senate can move fast enough. Swoyer noted that while Senate Republicans confirmed Justice Barrett in a one month timeframe in 2020, the current group lacks that same drive. The calendar simply does not allow for a long confirmation process. The answer to whether these judges will be seated depends on a few days of intense work in the coming weeks.
