A lawyer who helped defend Donald Trump in some of his most consequential legal battles is headed to the federal bench after winning approval from the U.S. Senate, deepening the president’s imprint on the judiciary during his second term.
In a 48-43 vote, the Senate confirmed Missouri attorney Justin Smith to the 8th U.S. Circuit Court of Appeals, a powerful court that reviews cases from seven Midwestern states. His elevation marks the second time a member of Trump’s personal legal team has been granted a lifetime appointment to a federal appeals court since the president returned to office.
The confirmation unfolded along largely partisan lines, though Republican Senator Lisa Murkowski of Alaska broke with her party and joined Democrats in opposing the nomination.
Democrats argued that Smith’s selection reflected political loyalty rather than judicial independence, pointing to his extensive work defending Trump in high-profile cases. Republicans, meanwhile, portrayed him as an experienced appellate advocate with a strong legal résumé and public-service background.
Before entering private practice, Smith served in the Missouri attorney general’s office. He later joined the James Otis Law Group, where he became involved in several major cases tied to Trump. Among the most significant was the Supreme Court fight that resulted in a landmark ruling recognizing broad criminal immunity for presidents regarding official acts while in office.
Trump highlighted Smith’s role in that legal victory when announcing the nomination earlier this year, crediting him with helping secure one of the most consequential Supreme Court decisions of his presidency.
Smith also represented Trump in litigation brought by writer E. Jean Carroll, who won two separate jury verdicts against the president in New York. The awards totaled more than $88 million. Smith has continued challenging those outcomes, urging the Supreme Court to review the cases and overturn the judgments.
His nomination hearing drew intense scrutiny from Democratic senators, who pressed him on both the Carroll litigation and the 2020 presidential election. Asked directly who won that election, Smith declined to provide a straightforward answer, instead describing the constitutional process through which Congress certified Joe Biden’s victory.
The Senate’s decision follows last year’s confirmation of Emil Bove, another former Trump attorney, to the 3rd U.S. Circuit Court of Appeals. Trump has also nominated Matthew Schwartz, a partner at Sullivan & Cromwell and another member of his legal circle, for a seat on the 2nd U.S. Circuit Court of Appeals.
With Smith’s confirmation, the administration continues to place trusted legal allies in influential judicial positions, reinforcing a strategy that could shape federal law long after Trump leaves office.
