Republican Senators, including JD Vance, Ted Cruz, and Marco Rubio, miss key votes, enabling the democratic-controlled senate to confirm Biden’s judicial nominees despite GOP opposition

In a pivotal turn of events, Senate Democrats have been able to confirm several of President Joe Biden’s judicial nominees this week, capitalising on the absence of key Republican senators who were absent from crucial votes. Despite a strong push from former President Donald Trump for Senate Republicans to block judicial confirmations during the final stretch of Biden’s presidency, several Republican lawmakers’ failure to show up at the Senate chambers has allowed Democrats to secure key confirmations.

The Senate confirmed Embry Kidd for the 11th Circuit Court of Appeals in a narrow 49-45 vote. The vote saw party-line support with independent Senator Joe Manchin siding with Republicans against the nomination. Five Republican senators, including JD Vance and Bill Hagerty, were notably absent during the vote, as was Democratic Senator John Fetterman. Vance was reportedly at Trump’s Mar-a-Lago estate, where he met with the former president for discussions about various government positions, including the FBI Director.

Trump had earlier called for a total GOP blockade of judicial nominees during the remaining months of Biden’s term, encouraging Republican senators to oppose all judicial confirmations. However, Vance’s absence — alongside other key figures such as Senators Ted Cruz and Marco Rubio — allowed Democrats to continue confirming Biden’s nominees. Carrie Severino, the head of the conservative Judicial Crisis Network, criticised the lack of attendance, arguing it would make it easier for liberals to push through judicial appointments.

Following Kidd’s confirmation, Senate Democrats were able to push through additional district court nominees despite unified Republican opposition. Sarah Russell, selected for Connecticut’s federal trial court, was confirmed with just 50 votes, narrowly surpassing the required majority. Had the six Republican senators been present and voted against her nomination, the vote likely would have failed.

The Republican absences are viewed as a critical factor in the successful confirmations. With Vice President Kamala Harris unavailable for the tiebreaker vote, the Democratic majority has been able to press forward with confirmations, further solidifying Biden’s influence over the judiciary.

Trump’s social media posts decrying the absences highlight the tense battle over judicial appointments, with the former president accusing Republican senators of failing to “hold the line.” The absences have sparked a broader conversation about the importance of judicial nominations, with both parties recognising the long-term impact of who fills these critical roles.

Looking ahead to the 2025 transition, when Trump potentially returns to the White House, the number of available judicial vacancies will be far lower than in 2017, when he inherited over 100 vacancies from the Obama administration due to strategic delays by Senate Republicans. Trump’s second term, should it come to pass, will likely start with far fewer judicial openings, thanks to the current Senate’s efforts to confirm Biden’s nominees.

The ongoing confirmations show just how high the stakes are in judicial politics, as the balance of power in the courts continues to be a major point of contention in the lead-up to the 2024 elections.