Senate Judiciary Committee Update

There is a long list of Senate Judiciary Committee rules and long-time procedures that the Republican majority is violating in order to rush through the remaining Trump nominees before the 119th Congress adjourns. 

There is usually a 28-day period between when an individual is nominated and when the committee holds a hearing. But, the committee only has seven days to study the record of James Hiland who was just nominated to the Eighth Circuit Court seat after the administration withdrew Lee Rudofsky who had already had his hearing. Two other nominees: James Sullivan to the District Court for the Western District of Texas and Elliott Gaiser to the District Court for the Northern District of Texas are also scheduled without respecting the 28-day practice. All of these nominees are slated to appear at a November 18 hearing which will feature eight nominees. Usually the limit is six nominees at a hearing unless the committee minority agrees. 

In addition to the three mentioned, the hearing will include:  Philip Aubart to the District Court for the Middle District of North Carolina; Brian Meyers to the District Court for the Eastern District of North Carolina; Joseph Falvey to the District Court for the Northern District of Indiana; Eric Hamilton to the District Court for the District of Nebraska; and Grayson Lambert to the District Court for the District of South Carolina. All of these nominees have very troubling records. 

On November 10, the committee held both a hearing and a mark-up (also unusual). The hearing featured: Todd Butler to the Fifth Circuit Court; Samuel Adkisson to the District Court for the Eastern District of Tennessee; Phillip Axt to the District Court for the District of North Dakota; and Bradford Kelley to the District Court for the Eastern District of Louisiana. 

At the mark-up, they approved Kyle Reardon to the District Court for the District of Alaska; Courtney Coker to the District Court for the Northern District of Texas; Richard Bennett to the District Court for the Southern District of Texas; and Daniel Ballou to the District Court for the Eastern District of Kentucky. 

This means that there are now 23 nominees pending on the Senate floor. Five nominees are scheduled to be voted on at a mark-up on November 17, the day before the big hearing. 

Virtual Panel Nov. 17

HOLDING COURT: The Role of the Courts in Midterm Elections

You are invited to an important discussion, Holding Court: The Role of the Courts in Midterm Elections, taking place on Tuesday, November 17, 2026, at 1 PM ET.  

Moderated by AFJ Federal Research and Advocacy Director Christine Zinner, the virtual event will feature Travis Crum, Treiman Professor of Law at Washington University in St. Louis School of Law, and Allegra Lawrence-Hardy, Managing Partner at Krevolin Horst, LLC.

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Supreme Court Decisions and               Oral Arguments

Weekly Wrap Up: November 16

Keeping track of what’s going on under the Capitol dome now is like watching a split screen. On the one hand, the so-called lame-duck Congress is in full swing. 

House Republicans used their current slim majority to fend off an impeachment attempt aimed at Secretary of Defense Pete Hegseth even as dozens of newly elected Democrats attend orientation events and post absolutely giddy reports on social media documenting their experiences. 

On the Senate side, 11 newly elected Democrats (including Sherrod Brown of Ohio, returning after six years) are learning their way around and celebrating their wins, excited to be joined soon by Scott Colom whose historic victory in Mississippi was just finalized. 

On the other screen, the current Senate is rushing through as many of President Trump’s pending judicial nominees as possible in these waning days of Republican control. 

This week, cloture was filed on seven nominees: Gregory Cook to the District Court for the Northern District of Alabama; Richard Bennett to the District Court for the Southern District of Texas; Courtney Coker to the District Court for the Northern District of Texas; Kyle Reardon to the District Court for the District of Alaska; Daniel Ballou to the District Court for the Eastern District of Kentucky; and circuit court nominees Daniel Domenico to the Tenth Circuit Court and Anna St. John to the Fifth Circuit Court. 

A confirmation vote follwed almost immediately on Gregory Cook (49-27), at a time when many Democrats had already left town, as well as cloture votes on Anna St. John (49-26) and Daniel Domenico (51-27). 

The Senate Judiciary Committee which will be controlled by a Democratic majority in the next Congress is ignoring precedent, customs, and rules to rush nominees through to the floor. 

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