Courts & Justice · Report · File No. 261107-864
Democrats take Senate Jan. 3, ending Trump's fast pace of judicial confirmations
Republicans lost the Senate on Nov. 3, so Trump's judicial nominees will need Democratic votes from January. Republicans are racing to confirm as many as they can before then.
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Republicans lost control of the U.S. Senate in the Nov. 3 midterm elections. That ends a period of rapid confirmations of federal judges, Reuters reported 2. Democrats take over the chamber on Jan. 3, 2027 2.
Since Trump returned to the White House in 2025, the Republican-led Senate has confirmed 56 new judges who hold lifetime jobs 2. In his first term, Trump made 234 judicial appointments 2.
Who will run the Judiciary Committee
The Senate Judiciary Committee decides which judicial nominees reach the full Senate. Its top Democrat, Sen. Dick Durbin of Illinois, is retiring, so Sen. Sheldon Whitehouse of Rhode Island is expected to chair it next year 2.
Whitehouse has criticized Republicans and the administration for weakening the committee's oversight. He has called for a reset of the nominations process in the next Congress 2.
From Channel GOPChuck Schumer: Democrats have won the SenateChuck Schumer · 169 plays · captioned, with the source named
Republicans race the clock
The current chair, Sen. Chuck Grassley of Iowa, has scheduled two nomination hearings on back-to-back weeks starting Nov. 10. Democrats objected 2. Nine judicial nominees are pending before the committee. Another 13 have already had hearings and could get full Senate votes before Christmas 2.
Republicans' top priorities include four nominees to three federal appeals courts. Two of them are for the 5th Circuit: Judge Anna St. John and Todd Butler 2. A White House official expects all pending nominees to be confirmed this year 2.
Grassley is 93, and his term runs through 2029 1. His spokesperson said he is not resigning. A resignation would let Iowa's current Republican governor, Kim Reynolds, appoint a replacement 1.
What changes in January
Rob Luther, a George Mason University law professor and former White House Counsel's Office official, expects every pending nominee to be confirmed in the lame-duck session. He predicts confirmations will slow to a trickle in January, with few or no appeals court or Supreme Court confirmations 2.
Democrats could block appeals court and Supreme Court nominations. They would likely need compromise packages to move district court picks, according to Reuters 2. The Supreme Court has a 6-3 conservative majority, gained during Trump's first term 2.
Democrats' control is not total. CBS News reports that Senate races in Alaska and Mississippi remain uncalled. In Mississippi, Democrat Scott Colom led Republican Sen. Cindy Hyde-Smith by about 2,500 votes as of Friday evening 1. Counties have until Nov. 13 to certify results 1.
Sen. Chuck Schumer of New York said Americans are "calling for accountability, not accommodation" 1. Republican leader Sen. John Thune is expected to keep his post for two more years 1.
That matters because judges confirmed in the next few weeks will serve for life. The pattern is familiar: a party that has just lost an election uses its remaining time to fill the courts. Whether Republicans can finish the job before Jan. 3 will show how much of Trump's court agenda survives.
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Sources
- CBS News, “Democrats win Senate control — live updates” (2026-11-06). cbsnews.com/live-updates/senate-election-results-2026/
- Reuters (via Yahoo News), “Democrats' Senate wins cripple Trump's push to reshape the courts” (2026-11-04). yahoo.com/news/politics/articles/democrats-senate-wins-cripp
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