Jennifer Mascott, a conservative legal scholar and former White House counsel, has officially joined the 3rd U.S. Circuit Court of Appeals in Philadelphia after a narrow Senate confirmation. The Republican-controlled chamber voted 50-47 to install Mascott, further tipping the court toward a right-leaning majority.
Mascott’s nomination drew sharp criticism from Delaware’s Democratic senators, who argued her only tie to the state is a beach house she owns. Traditionally, the Delaware seat had been reserved for lawyers and judges from the state, but party-line politics and the erosion of the “blue slip” custom cleared the path for her appointment.
A former clerk for Supreme Court Justices Clarence Thomas and Brett Kavanaugh, Mascott had been teaching at Catholic University of America’s law school before joining the White House Counsel’s Office this year. Republicans on the Senate Judiciary Committee praised her long-standing involvement in high-profile legal testimony, citing her experience evaluating Supreme Court nominees and court reform proposals.
Senator Chuck Grassley highlighted her trusted judgment during a floor speech, while Senate Democrats labeled her a devoted Trump loyalist. Delaware Senator Chris Coons called the nomination “norm-shattering,” reflecting the broader tension between traditional Senate customs and current political realities.
Mascott’s confirmation marks the second Trump-era addition to the 3rd Circuit this year. Emil Bove, a former personal attorney for Trump, was approved in July. With eight of the court’s 14 judges now appointed by Republican presidents—including six under Trump—the ideological balance of appeals in Delaware, New Jersey, and Pennsylvania has shifted decisively.
The debate over blue slips—once a key tool allowing home-state senators to influence appellate nominations—continues to echo in Washington. Critics argue the Senate has surrendered a vital check on judicial appointments, while Republicans maintain that the change ensures timely confirmations of qualified nominees.
