Could Trump's judicial appointments slow in the new year?

"Despite his early success, President Donald Trump could face challenges in appointing judges to the bench in 2026. This year, the U.S. Senate confirmed 26 of Trump's federal judicial nominees, which is significantly more than the 17 the Senate confirmed at this point during the president's first term in 2017, Bloomberg Law reports. Eight other nominees are awaiting confirmation. Senate Judiciary Chair Chuck Grassley, a Republican from Iowa, commented at a recent hearing that he would "like to process even more judicial nominations, but I'm waiting on the president to get those nominations up here," according to Bloomberg Law."

"Bloomberg Law, citing United States Courts data as of Dec. 19, reports that Trump has 49 current and future judicial vacancies, and 33 of them are currently in states with two Republican senators. Nine vacancies are in states with two Democratic senators. Additional opportunities will require more appointees of past Republican presidents to retire, but they have been slow to announce plans so far in Trump's second term, Bloomberg Law reports. The 2026 midterm elections also could hinder Trump's confirmation efforts, particularly if results reverse Republicans' current majority in the Senate, Bloomberg Law also reports. Trump only filled six appeals court vacancies this year, compared to 12 in 2017, according to Bloomberg Law. Only three of the nearly two dozen Republican-appointed appellate judges who are eligible for partial retirement decided to move forward with those plans this year, Bloomberg Law reports."

President Donald Trump secured 26 federal judicial confirmations this year, with eight nominees still awaiting Senate action. There are 49 current and future judicial vacancies, 33 in states with two Republican senators and nine in states with two Democratic senators. Additional openings depend on retirements by appointees of past Republican presidents, but those retirements have been limited in the second term. Only six appeals court vacancies were filled this year, down from 12 at a similar point in 2017. Three Republican-appointed appellate judges eligible for partial retirement moved forward with those plans. The 2026 midterm elections could complicate confirmations if Senate control changes.

Read at ABA Journal