A surprising late-night pact between U.S. Senate Democrats and Republicans has set the stage for President-elect Donald Trump to shape the judiciary. The agreement, reached on Wednesday, clears the way for the Senate to confirm several district court judges while leaving four appellate court seats vacant for Trump to fill after his January inauguration.
This maneuver comes after intense Republican efforts to stall Democratic confirmations of President Joe Biden’s judicial nominees. With time running out before the power shift, the deal sacrifices high-profile appellate nominations to ensure progress on trial court appointments.
Among the blocked nominees is Adeel Mangi, poised to make history as the first Muslim federal appellate judge. His confirmation, along with three others for appellate courts, was traded for a streamlined process to confirm district court judges—an outcome sure to frustrate progressive advocates pressing for more aggressive action during Democrats’ fleeting majority.
“Giving Trump the chance to stack appellate courts with partisan appointees undermines judicial independence and harms the American people,” said Maggie Jo Buchanan of Demand Justice, a progressive legal group.
So far, the Senate has confirmed 221 of Biden’s judicial picks, including Sharad Desai, approved Thursday for a federal judgeship in Arizona. The agreement also sets up votes on 12 district court nominees after Thanksgiving.
With the Senate narrowly controlled by Democrats, procedural roadblocks and unexpected absences among Republicans helped Democrats confirm some judges in recent weeks. Still, the deal underscores a strategic retreat, conceding ground to Trump, who will now have the opportunity to leave his mark on appellate courts.
Four appellate nominees—Ryan Park, Julia Lipez, Karla Campbell, and Mangi—will not move forward. Instead, the focus will shift to district court confirmations, a trade Democrats describe as a calculated win despite its controversial optics.
The stage is now set for Trump to wield significant influence over the judicial branch, bolstered by a Senate soon to be firmly under Republican control.
