Republican senators stall Trump's judicial nominees over selection process

Several Republican senators are blocking or delaying some of US President Donald Trump's judicial nominees, complicating the White House's effort to leave a lasting imprint on the judiciary before the party loses its Senate majority.

Concerns raised by senators from Texas, Arkansas and Oklahoma have led to the withdrawal of one appeals court nominee and delayed other nominations. The dispute centres on senators seeking a greater say in judicial appointments, particularly those linked to their home states.

Outgoing Texas Senator John Cornyn has expressed reservations about Elliot Gaiser, a senior Justice Department official nominated for a federal judgeship in the Dallas area. Arkansas' two Republican senators opposed Trump's nominee for an appeals court seat, forcing the White House to withdraw the nomination this week. In Oklahoma, an appointed Republican senator has raised objections to a district court nominee after initially approving him.

Cornyn and retiring North Carolina Senator Thom Tillis, both members of the Senate Judiciary Committee, have used their positions to block nominations on behalf of Republican senators who are not on the panel.

Although the dispute follows midterm losses that weakened Trump's political standing, it is largely about Republican senators asserting their authority over the administration's selection of judges, especially in their home states.

Asked about his opposition to the Arkansas and Oklahoma nominees, Tillis said he wanted the administration to listen to senators' views on prospective judges. His message to the White House was: "Don't treat us like a manufacturing facility. Treat us like the US Senate."

"I'm not making a judgment about the merit of the nominee. I'm calling a foul on a process," Tillis told the Associated Press. "And the sooner the White House gets that, the more productive this next two years will be. If they don't, they do so at their own peril."

Trump had nominated Lee Rudofsky of Arkansas to the 8th Circuit Court of Appeals, but the White House abruptly withdrew the nomination on Tuesday. Cornyn and Tillis had privately told Senate Judiciary Committee Chairman Chuck Grassley that they would vote against Rudofsky in the committee, according to two people familiar with the discussions who spoke on condition of anonymity.

Grassley, an Iowa Republican, was also forced to postpone a key committee vote on Tuesday on Oklahoma judicial nominee Zachary West because Tillis opposed the nomination on behalf of Senator Alan Armstrong, one of the people said.

The obstacles have emerged as Senate Republicans try to fill all remaining judicial vacancies this year. They believe the incoming Democratic majority will not be interested in confirming Trump nominees for lifetime appointments.

Senate Minority Leader Chuck Schumer, a New York Democrat, told the AP last week that Democrats would not fill the bench with "crappy nominees". Grassley has prepared an ambitious confirmation timetable, frustrating Democratic senators.

Some nominations had been pending before the November 3 midterm elections, in which Republicans lost both the House and the Senate. However, at least one judicial vacancy in Texas is being fast-tracked after the election.

Gaiser, who heads the Justice Department's Office of Legal Counsel, was first contacted by Texas Senator Ted Cruz's staff on November 4, the day after the election, about becoming a federal judge, according to a questionnaire he submitted to the Senate Judiciary Committee.

Cornyn said Gaiser had not been reviewed by the bipartisan federal judicial evaluation committee traditionally used in Texas.

"Trying to air-drop somebody else in at the last minute for the Dallas vacancy that hasn't been through that process, I think, is a concern," Cornyn told the AP.

Cornyn also cited Gaiser's links to efforts to overturn the 2020 presidential election result, which culminated in the January 6, 2021, attack on the Capitol. Gaiser, who was then a lawyer for Trump's re-election campaign, advised it on election challenges, according to testimony before the congressional committee investigating the attack.

"I think there's a better choice through some of the other nominees that have been thoroughly vetted and are available to serve," Cornyn said. "I certainly want to see us fill the seat."

In Arkansas, neither Senator John Boozman nor Senator Tom Cotton had approved Rudofsky's nomination to the appeals court. Rudofsky currently serves as a federal district court judge.

Under current Senate practice, consent from home-state senators is not required for appeals court nominees because the courts cover multiple states. However, it is rare for a White House to pursue a judicial nomination without the support of home-state senators from the same party.

Boozman and Cotton were believed to support another candidate, Arkansas Supreme Court Associate Justice Cody Hiland. Hiland said during an August speech at the University of Arkansas at Little Rock that he had interviewed for the appeals court vacancy and undergone extensive vetting by the FBI.

Hiland said the White House counsel's office later told him that he would be nominated to a lower district court position. He said he declined the offer.

In a brief interview, Boozman said: "We talked with other people that were certainly as capable." Cotton declined to comment when approached at the Capitol.

The White House did not respond to a request for comment on why it withdrew Rudofsky's nomination. Hiland was nominated at the same time.

Before the White House withdrew Rudofsky's nomination, Cornyn said: "The idea that you're just going to roll over — that the White House has rolled over two senators from that state — obviously, other senators can see that happening to them if they sit and watch it happen. So, I think there'll be a lot of sympathy for the position of the two Arkansas senators."

The opposition to West, the Oklahoma nominee, may be temporary. West, a former counsel to Cruz in the Senate, currently works in the Oklahoma attorney general's office.

Armstrong initially approved the nomination but recently reversed his position and privately informed other senators of his opposition, according to two people familiar with the discussions.

Armstrong's tenure in Washington is nearing its end. He was appointed to replace Senator Markwayne Mullin after Mullin became Homeland Security secretary. Newly elected Oklahoma Senator Kevin Hern is scheduled to be sworn in on November 30.

Armstrong said on Wednesday that his objections to West were "just purely qualification, versus the other candidates that we've suggested". He said the White House had "basically ignored" other candidates recommended for the vacancy.

As of Wednesday, 24 Trump judicial nominees were awaiting Senate confirmation, according to Grassley's committee. During the president's second term, the Senate has confirmed 57 judges, including 10 appeals court judges, 46 district court judges and one member of the Court of Trade.

Under Grassley, the Judiciary Committee has moved at what it described as its fastest pace since the Reagan administration.

In a Wall Street Journal opinion article published on Tuesday, Grassley urged the Senate to confirm as many remaining judicial nominees as possible. "The stakes are far too high for Republicans to take their feet off the gas now," he wrote. Outgoing Senate Majority Leader John Thune has expressed similar views.

Cornyn and Tillis said they shared the goal of confirming judges but also wanted to protect senators' role in the selection process. Asked whether he was concerned about angering the White House or Senate leadership, Tillis said: "I couldn't care less."

The Republican push to confirm Trump's remaining judicial nominees is continuing, but objections from senators over qualifications and the selection process have already forced one withdrawal and delayed other appointments.

With PTI Inputs

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