Congress
Republicans get antsy about confirmations as the Senate hangs in the balance
President Donald Trump is showing little urgency in sending nominations to the Senate even as the GOP’s control of the chamber beyond 2026 is increasingly in doubt.
There are more than two dozen federal court vacancies. Labor secretary, FDA commissioner and scores of other open positions do not have nominees, and a senior White House official said Trump is in no rush to fill them.
“Ultimately, we need to have the right people in those positions,” said the official, who was granted anonymity to describe internal thinking. “So if it’s acting for now, so be it. If [it] takes a little while to find that perfect person, then it takes a little while.”
That’s unsettling some Republican senators who are anxious to fill spots ahead of the midterms, a daunting task given the legislative calendar and host of competing GOP priorities.
“We’re running short on time,” said Sen. Tommy Tuberville (R-Ala.), a member of the Senate HELP Committee, which oversees health, labor and other issues. “We’d love to get at least one or two of them and get it in the next tranche.”
As far as judges, Tuberville said he wants to see “as many as we can get” nominated, adding, “I don’t know why we don’t have more.”
Trump’s apparent nonchalance — particularly over judges — is a marked departure from his first term, when he opined that appointing people to the bench might be the “single most important thing you do” as president. But as the Senate left for a two-week recess Thursday, there were only 10 nominees pending for 29 judicial vacancies.
The vacancies come amid ongoing tensions between the Senate and Trump, who has put pressure on the chamber to pass the GOP elections bill known as the SAVE America Act, going so far as to cancel a planned Wednesday signing of a bipartisan housing bill.
Sen. Ted Cruz (R-Texas), a member of the Judiciary Committee, said he “absolutely” wants to see the president nominate more judges before the end of the year. Texas has three court vacancies with zero nominees.
“And that’s one of his greatest legacies, both first term and second,” Cruz said of Trump.
Trump is on pace with his first term in total confirmations in part because Republicans changed the Senate rules last year to confirm slates of civilian posts at once by a simple majority vote.
One tranche confirmed in Mayincluded 49 nominees, from ambassadors to midlevel posts at various federal agencies. So far, 502 of Trump’s second-term nominees have been confirmed, compared to 509 at this point during his first term and 601 at the same point during former President Joe Biden’s term.
Federal judges and members of the Cabinet still have to be confirmed individually, despite the rule change for other posts.
Trump inherited only about 40 judicial vacancies for his current term, fewer than any president since Ronald Reagan. Judiciary Committee Chair Chuck Grassley (R-Iowa) previously complained that the White House hasn’t nominated more judges. More recently, though, he’s blaming his committee for not acting more quickly on the already pending nominees.
“Right now it’s hard for me to blame the White House when in the last three executive weeks, we were supposed to have meetings to vote judges out, we couldn’t have enough members present,” Grassley said in an interview.
A White House official said “Trump plans to nominate well qualified individuals to fill these vacancies.”
Sen. John Kennedy (R-La.) said he’s had “a couple good discussions” with the White House about a circuit court vacancy, which he expects the administration to fill. As a Judiciary Committee member, he can block any nominee that doesn’t get support from Democrats.
“If it’s somebody I support, I’ll vote for them. If it’s somebody I don’t support, I’ll vote no,” Kennedy said. “It’s an important spot. They know I’m on Judiciary, and they know I’ll vote no if I don’t agree.”
The Labor secretary and FDA commissioner picks, meanwhile, go through the HELP committee — chaired by Sen. Bill Cassidy (R-La.), who lost his primary last month after Trump endorsed a challenger.
Republicans have been left in the dark about those nominees, some on the panel say.
Sen. Roger Marshall (R-Kan.) said he’s heard “nothing at all” and “radio silence” from administration. Another GOP senator, granted anonymity to speak candidly, said they’ve heard nothing from the administration about its thinking or plans for a Labor secretary nominee specifically.
The HELP Committee membership poses challenges for the administration. Sens. Lisa Murkowski (R-Alaska) and Susan Collins (R-Maine) previously expressed concerns about Casey Means’ nomination as surgeon general before Trump pulled her, for example. And the dynamic between the president and the chair could be a hurdle, three people granted anonymity to comment on the process said.
“Why give Cassidy a platform to get back at DJT?” one of them said.
Another, a GOP senator, predicted Cassidy would “play games” with nominees who have to go through his committee.
“I really don’t think a lot of senators are in any mood to give the president any wins because they’re frustrated with him,” said the third person, who is close to the White House.
But confirming nominees before he leaves the Senate could be a priority for Cassidy, one of the few Republican doctors to push the administration toward public health nominees who align with established science on issues like vaccines.
A potential successor — Republican Sen. Rand Paul of Kentucky — is a critic of the vaccine and masking standards set during the pandemic and would likely set the committee on a different path.
Recent appointees such as Nicole Saphier for surgeon general and Erica Schwartz for Centers for Disease Control and Prevention director are more mainstream than some past HHS appointees like Means and Dave Weldon, who was nominated for CDC director before the administration determined he didn’t have the votes.
Those nominees have been moving through the regular process, including meeting with Cassidy and other senators ahead of confirmation hearings.
Cassidy told reporters after he lost his primary that he would “vote for the good of my country and the good of my state.”
“There’s some nominees that have not gotten through committee for whatever reason, so that’s not anything new,” he added. “That’ll just be part of the process.”
A HELP Committee spokesperson added Thursday that Cassidy has voted for every Trump nominee and that the panel will “do its job to confirm qualified nominees and serve the American people.”
“Anyone who says otherwise doesn’t know what they’re talking about,” the spokesperson added.
The White House official said “Trump remains committed to nominating highly qualified individuals for a variety of posts that are aligned with the agenda the American people elected him to enact” and will continue to send nominees to the Senate, including to the HELP Committee.
Senate Majority Leader John Thune said in an interview he had not spoken to the White House about their plans for some of the major picks under HELP jurisdiction but he encouraged the administration to send nominees.
“I think it’s always better to have people in permanent positions rather than temporary,” Thune added.
Megan Messerly contributed to this report.
How much trouble is the GOP leadership floor plan in? Rep. Pete Sessions of Texas, a former Rules Committee chair who is not in the habit of defying party leaders, said he plans to vote against the procedural measure advanced by the panel last night. He cited concerns about the delay of a hemp products ban in the short-term spending bill leaders want to pass Tuesday.
“I think they’ve got to change it,” Sessions said. “Let’s just make it a clean [continuing resolution]. I’ll vote for that.”
The House has been back in town for a few hours, but GOP leaders may already be forced to send members home early.
A handful of House Republicans are threatening to shut down floor business Tuesday over frustrations about legislation that would fund the government past the midterms.
If GOP leaders can’t adopt a rule to open up floor debate, there’s little incentive to stay in town, especially so close to elections when members are eager to get back to their districts to campaign.
Speaker Mike Johnson can only lose a handful of members with full attendance. A small group of hard-liners oppose a provision in the Senate-passed continuing resolution punting a hemp product ban deadline. Others are angry about Johnson’s decision to put the stopgap bill on a fast-tracked method requiring two-thirds majority to pass — as Democrats are likely to support it.
To be clear: that suspension vote track also means the stopgap is poised to pass regardless of any subsequent GOP revolt that would gum up further floor business.
House Freedom Caucus Chair Andy Harris said he plans to vote against the rule Tuesday over the hemp language.
And Rep. Chip Roy sent a letter to Appropriations Chair Tom Cole and Budget Chair Jodey Arrington Monday night urging opposition to the CR. Roy, who voted against advancing the procedural step in a Rules panel meeting yesterday, said the spending bill does not prevent taxpayer funds from going to abortion services.
“The CR now before Congress does not renew that protection, allowing federal taxpayer dollars to once again flow to Planned Parenthood,” Roy wrote in the letter, shared exclusively with Blue Light News, adding members “should be prepared to account for those votes accordingly.”
Other hardliners wouldn’t say how they plan to vote on Monday night. Rep. Keith Self told Blue Light News, “We’ll see if the rule comes up.”
But if the House does cut their September work period short — with the possibility of not returning until mid-November — that leaves little time this year for any other legislation, including the Senate-passed Russian sanctions bill, which is headed nowhere fast in the House.
GOP leaders omitted it from a list of bills to be voted on this week as the thin House Republican majority is split over intervening in Russia’s war with Ukraine. Meanwhile, many Democrats are wary of handing Trump any new tariff powers.
Asked whether the bill might pass through her committee on the way to the House floor, Rules Chair Virginia Foxx said, “I have no idea. Nobody’s talking about it.”
What else we’re watching:
— REPUBLICANS POISED TO CENSURE EDWARDS: The House will vote Tuesday on censuring Rep. Chuck Edwards — and GOP leaders aren’t coming to his rescue. A critical mass of GOP members seem to be lining up behind the effort after an Ethics Committee report outlined a pattern of sexual harassment by Edwards toward two of his young female staffers. Edwards told Mia the probe was “an abysmal handled process.” House GOP leaders don’t appear to be swaying Republicans to vote against the measure.
— GOP TRIES TO THREAD NEEDLE ON DATA CENTER SUPPORT: Republicans found themselves walking a fine line on data centers Monday — and Democrats are eager to capitalize on the issue igniting voters across the country. House Republicans returning from August recess acknowledged growing concerns from constituents about data centers. But they also tried to support President Donald Trump, who Monday declared communities that reject centers will end up “backwards and poor” while China makes advances in the technology. Meanwhile, House Minority Leader Hakeem Jeffries blasted Republicans for being “pro-data center without any restraints,” making his strongest rebuke yet of the tech industry’s massive infrastructure buildout.
Riley Rogerson, Chris Marquette and Kelsey Brugger contributed to this report.
Democrat Brian Poindexter’s first general-election ad in his campaign to unseat Rep. Max Miller doesn’t directly mention the Republican’s well-publicized family drama — but it makes the subtext impossible to ignore.
The minute-long ad titled “Daughters” features Poindexter’s three children — Ashley, Makayla and Taylor — telling stories about their dad as they sit in front of family photos. His campaign is launching a six-figure buy on digital, cable and broadcast television this week.
“He always shows up: for family dinner, for our games, to help with homework — even when he’s not helpful,“ the daughters say. “He shows up for everyone, coworkers, neighbors and our whole community. For anyone who’s getting hurt or needs a hand.”
Poindexter has leaned on his working-class background and a focus on affordability issues in his campaign against Miller, without explicitly making an issue of Miller’s legal battle with his ex-wife. In the “Daughters” ad, Poindexter again attempts to thread the needle, amplifying his family values and commitment to community without attacking Miller directly.
Miller is facing allegations of abuse from his ex-wife, Emily Moreno, the daughter of Ohio Sen. Bernie Moreno. Miller has denied any wrongdoing, including accusations that he poured hot water on Emily Moreno, held a gun to her head and broke his daughter’s collarbone.
The allegations have put national spotlight on the competitive Cleveland-area district, and Democrats are investing to flip the seat.
The ad ends with Poindexter saying in a voiceover, “I’m not going to D.C. for me. I’m going for my daughters — and yours.”
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