Confirmations Recap: A Successful Year

President Trump has accomplished many things in the first year of his second term, such as securing the border after the disastrous Biden administration and the One Big Beautiful Bill. His most consequential accomplishment over time, however, will be his record of getting judicial appointees confirmed. His first year was a success, but there is still much work to do.

One of the most crucial responsibilities of a president involves the appointment of justices and judges. President Trump’s first term was a smashing success, as he appointed three Supreme Court justices. Because of his excellent choices, we have the first constitutionalist court in nine decades. Abominable decisions like Roe v. Wade (1973) are no more. The Supreme Court has also stopped resistance lower-court judges on more than two dozen occasions from interfering with President Trump’s lawful exercise of Executive Branch power. President Trump appointed 54 circuit judges in his first term, only two off the record set by Jimmy Carter; however, Congress under Carter created dozens of new circuit judgeships for him to fill.

President Trump has filled every circuit vacancy, and he soon will nominate a successor to Eighth Circuit Judge William Benton, who will assume senior status (a form of semi-retirement) when his successor is confirmed. These judges are bold constitutionalists selected after careful scrutiny by White House Counsel David Warrington and his team. Senate Judiciary Committee Chairman Chuck Grassley has done a masterful job shepherding the nominees through the rigorous confirmation process. Not one Senate Democrat voted for even one circuit court nominee, so Senate Republicans have had to go it alone in confirming President Trump’s judges.

By far the most brutal circuit court confirmation battle involved Judge Emil Bove, who now sits on the Third Circuit Court of Appeals. Leftists bashed Judge Bove as an ill-tempered, lying anarchist. Most of these claims were based on anonymous sources. One so-called whistleblower, Erez Reuveni, took out his firing from the Justice Department on Judge Bove, leveling charges that the Senate categorically rejected. Reuveni, who violated attorney-client privilege by disclosing communications with his client, the government, in a court hearing, faces an ethics complaint. The Article III Project drafted several pieces debunking the nonsensical claims about Judge Bove, who is an excellent candidate for a Supreme Court shortlist, as he has shown boldness for years, especially during his representation of President Trump.

Judge Eric Tung also had a tough road because leftists used his friendship with me to attack him as an extremist. This guilt-by-association effort failed, however, and Judge Tung now sits on the Ninth Circuit, replacing the late Judge Sandra Ikuta. Judge Tung is already having an impact, filing an excellent dissent from rehearing en banc (by a panel of 11 judges) in International Partners for Ethical Care v. Ferguson earlier this month. The case involves a Washington law that prohibits shelters for children with gender dysphoria from notifying parents should their children come to the shelters. Parents of children who, the parents claimed, were at risk of running away challenged the law. Judge Tung dissented from the court’s denial of the parents’ standing to sue. He recognized the reality that the law improperly interferes with parents’ fundamental right to raise their children.

District courts are the lowest-level Article III courts, but confirming district judges is quite hard. There is a Senate tradition spanning more than a century called the blue slip process that applies to district judges, U.S. attorneys, and U.S. marshals. Home-state senators have veto power over these nominees, meaning that nominations will not move forward without the senators’ approval. Senators will not relinquish this power, meaning that, in states with at least one Democrat senator, it will be exceedingly difficult for President Trump to put constitutionalists on the bench. Senate Judiciary Committee member Thom Tillis of North Carolina is a staunch blue slip supporter and will not vote for any nominee lacking home-state senators’ support. Despite these impediments, the Senate confirmed 26 judges, more than President Trump’s first administration. The Senate also confirmed 31 U.S. Attorneys.

Chairman Grassley cannot process nominations through the Judiciary Committee if the Senate has not received the nominations. The White House and home-state Republican senators must make it as easy as possible for their stellar ally Chairman Grassley to process nominations expeditiously. Lifetime judicial appointments are a massive part of a president’s legacy.

There is only one more guaranteed year of Republican Senate control. The White House and the Senate must make the most of it and fill every vacancy they possibly can. Should Democrats regain the majority next year, confirmations will grind to a screeching halt. The Article III Project will work tirelessly to assist President Trump in carrying out his mandate by ensuring the confirmation of exceptional judges. The future of the Republic depends on it.

Mike Davis is the founder and president of the Article III Project.