U.S. Senate vote takes Trump White House by surprise
Donald Trump just signed his Big Beautiful Bill into law. But Congress has been working behind the curtains.
And the U.S. Senate has just decided on a critical vote that’s taken the Trump White House by surprise.
Senate Advances Trump’s Judicial Nominees Following Major Legislative Win
After passing the One Big Beautiful Bill Act, Senate Republicans are prioritizing the confirmation of President Donald Trump’s judicial nominees. The focus is on filling federal court vacancies with judges who align with a strict interpretation of judicial roles.
On Monday evening, the Senate confirmed Whitney Hermandorfer to a lifetime position on the 6th U.S. Circuit Court of Appeals in Cincinnati, Ohio, in a party-line vote. This confirmation marks Trump’s first judicial appointment of his second term, replacing a judge appointed by former President Barack Obama. The Senate has confirmed 92 of Trump’s civilian nominees so far, nearly doubling the pace of confirmations compared to this point in his first term.
Senate Majority Leader John Thune emphasized the importance of continuing the judicial appointment momentum from Trump’s first term. In a Thursday floor speech, Thune stated that the Senate’s priority is to confirm judges who respect the judiciary’s proper role, starting with Hermandorfer’s appointment.
Hermandorfer, aged 38, brings significant experience, having clerked for Supreme Court Justices Samuel Alito and Amy Coney Barrett, as well as Justice Brett Kavanaugh during his tenure on the D.C. Circuit Court of Appeals. She currently leads strategic litigation in the office of Tennessee Attorney General Jonathan Slrmetti, where she contributed to a notable Supreme Court victory in June, upholding Tennessee’s ban on gender-affirming procedures for minors.
Trump highlighted Hermandorfer’s commitment to protecting women’s and girls’ sports when announcing her nomination in May. However, Senate Democrats, led by Chuck Schumer, opposed her confirmation, arguing she lacked the qualifications for the bench and citing her involvement in cases challenging reproductive rights, transgender rights, and anti-discrimination policies. Democrats declined to agree to a time deal to speed up her nomination.
Currently, there are approximately 50 federal judicial vacancies, a significant decrease from the over 100 vacancies at the start of Trump’s first term. Thune pledged to work with Trump and Senate Judiciary Committee Chairman Chuck Grassley to swiftly process the president’s nominees. The judiciary panel has already advanced five judicial nominations, including Hermandorfer’s.
The Senate’s 384 roll call votes since the 119th Congress began in January surpass the voting activity of any Congress in the past 35 years, according to the Senate Republican Communications Center, reflecting an aggressive legislative and confirmation agenda.
Trump’s Transformative Judicial Legacy Continues
President Donald Trump’s judicial appointments have reshaped the federal judiciary, leaving a lasting mark on the U.S. legal system. His two terms in office have been defined by a strategic focus on nominating and confirming conservative judges, particularly during his first term, when he successfully appointed three Supreme Court Justices—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. This unprecedented achievement in a single term has had a profound impact on American jurisprudence.
During his first term (2017–2021), Trump filled 226 judicial vacancies, including 54 circuit court judges and 174 district court judges, alongside his three Supreme Court appointments. This volume was facilitated by a high number of vacancies—over 100 at the start of his presidency—due to delays in confirmations during the Obama administration. The Republican-controlled Senate, led by then-Majority Leader Mitch McConnell, prioritized judicial confirmations, streamlining processes to expedite votes.
The appointment of Justices Gorsuch, Kavanaugh, and Barrett shifted the Supreme Court’s ideological balance to a 6-3 conservative majority, influencing landmark decisions on issues like abortion, gun rights, and religious liberties. For instance, the 2022 Dobbs v. Jackson Women’s Health Organization decision, which overturned Roe v. Wade, was a direct result of Trump’s appointees, with Gorsuch, Kavanaugh, and Barrett in the majority. This ruling fundamentally altered reproductive rights law, returning regulatory authority to the states.
Trump’s circuit court appointments were equally impactful, reshaping appellate courts that serve as the final arbiters for most federal cases. By the end of his first term, Trump had appointed nearly 30% of active circuit court judges, flipping several circuits, including the 11th and 3rd Circuits, to conservative majorities. These courts handle critical cases on issues like immigration, environmental regulations, and civil rights, amplifying Trump’s influence on federal law.
In his second term, beginning in 2025, Trump has continued his focus on judicial appointments, as evidenced by the confirmation of Whitney Hermandorfer to the 6th Circuit. With roughly 50 vacancies to fill, the pace of confirmations—92 civilian nominees so far—suggests a continuation of the aggressive strategy from his first term. The reduced number of vacancies compared to 2017 reflects the success of his earlier efforts, but the remaining openings provide opportunities to further cement his judicial legacy.
The selection process for Trump’s nominees has prioritized ideological alignment, often favoring young, conservative jurists with originalist or textualist philosophies. Organizations like the Federalist Society played a significant role in vetting candidates, ensuring nominees shared a commitment to limited government and strict constitutional interpretation. Hermandorfer, for example, fits this profile, with her clerkships under conservative Supreme Court justices and her work on high-profile conservative legal victories.
Critics, including Senate Democrats, have argued that Trump’s nominees, like Hermandorfer, often lack sufficient experience or hold extreme ideological positions. However, supporters contend that these appointments restore balance to a judiciary they view as having been overly activist.
Trump’s judicial legacy is poised to influence American law for decades, given the lifetime tenure of federal judges and the relative youth of his appointees. With ongoing confirmations in his second term, his impact on the judiciary may rival that of any U.S. President in history.
Stay tuned to the DC Daily Journal.
