When senators return Monday from the August Recess, they face much unfinished business. Essential responsibilities that the Constitution assigns the president and the upper chamber are judicial nominations and confirmations with Senate advice and consent, because federal jurists resolve critical disputes involving life, liberty, and core rights, while they enjoy life tenure, so judges can serve for decades after chief executives and senators leave office.
President Donald Trump realized success in nominating and confirming many circuit and district judges across his first administration. However, during Trump’s second term, he has encountered greater difficulty seating well-qualified, mainstream nominees. For instance, on Aug. 8, when senators recessed for summer break, “red” states experienced one future circuit vacancy lacking a nominee and one having a nominee, while one “blue” state faced an opening without any nominee. Red states confronted 14 current district vacancies, 11 lacking nominees, and six future openings without nominees. Blue states also met 11 current district vacancies absent nominees, and two future openings lacking nominees.
