For the first time in decades, the Boston-based federal appeals court—long considered a liberal fortress—will now include a judge appointed by Donald Trump. The U.S. Senate on Tuesday confirmed Joshua Dunlap, a Maine attorney known for his conservative advocacy, to the 1st U.S. Circuit Court of Appeals, marking a quiet but significant shift in the judicial landscape of New England.
The confirmation came through a narrow 52–46 vote, with every Republican senator backing Dunlap and every Democrat opposing him. The appointment ends the 1st Circuit’s distinction as the only U.S. appeals court without a single active judge nominated by a Republican president—a detail that had made it a preferred battleground for challenges to Trump-era policies.
Trump’s first term came and went without any appointments to the court. When Democratic President Joe Biden attempted to fill the vacant seat with his nominee, Julia Lipez, the clock ran out before confirmation. Judge William Kayatta, appointed by Barack Obama, took senior status just weeks before the 2024 election—creating the opportunity that Trump seized once he returned to office.
Dunlap, a partner at the Maine law firm Pierce Atwood, was nominated in July with Trump praising him as someone who would “fearlessly defend our Constitution.” A graduate of Notre Dame Law School, Dunlap built his career litigating cases that often aligned with conservative causes—opposing Maine’s ranked-choice voting system, challenging state campaign finance laws, and questioning the state’s paid family leave program.
His Senate hearing drew sharp questioning from Democrats, who confronted him over earlier comments and writings they said reflected opposition to abortion and same-sex marriage. Dunlap countered that his views were irrelevant to his judicial role, emphasizing that his past public remarks were made in the context of defending free expression. “Political speech is central to the First Amendment,” he told the panel.
Supporters in the Senate, led by veteran Republican Chuck Grassley, described Dunlap as even-tempered and principled. “Mainers are famously independent,” Grassley reminded his colleagues. “I expect Judge Dunlap will bring that same spirit of fairness to the bench.”
Dunlap’s confirmation means that one of the nation’s most liberal appellate courts—often a roadblock for Republican administrations—now has a new ideological counterweight. Though his presence alone won’t tip the balance, it signals that even the most insulated corners of the judiciary are no longer beyond Trump’s reach.
