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Senate Prepares for Late Session as Judicial Nominee Dispute Intensifies

Schumer calls for flexibility as Democrats push to fill court vacancies

Democrats in the Senate are preparing for a late night on Wednesday as they push to confirm several judicial nominees, aiming to fill vacancies before the Republicans take control of the chamber in January.

The Senate could remain in session into Thursday, with votes expected to continue well past midnight. This marks the second consecutive night that senators will be working late into the evening. The judicial push began on Monday, when Democrats moved to advance over a dozen nominees, including a particularly contentious circuit court pick.

In response, Republicans have attempted to slow down the process, holding procedural votes to switch the chamber between executive and legislative sessions, which has delayed the proceedings. The same process is expected to repeat on Wednesday night.

Schumer urges swift voting as Senate races to confirm judges before GOP takes control in January

“We will keep working on judicial nominations throughout the day and into the evening,” Senate Majority Leader Chuck Schumer (D-N.Y.) stated in his remarks. “We have many excellent nominees to work through, so I ask my colleagues to stay flexible, remain late, and keep the votes moving swiftly.”

In addition to judicial votes earlier on Wednesday, senators are scheduled to vote on three resolutions introduced by Sen. Bernie Sanders (I-Vt.), aimed at blocking the transfer of tank rounds, mortars, and bomb guidance kits to Israel. These votes are expected to begin around 6 p.m.

Following that, there will be a vote on a resolution from Sen. Rand Paul (R-Ky.) to prevent the Biden administration from canceling over $4.5 billion in Ukraine’s repayment obligations to the U.S.

Eventually, judicial votes are set to take place for the nominations of Sparkle Sooknanan and Brian Murphy to become district judges for Washington D.C. and Massachusetts, respectively. One source suggested that this schedule might change, depending on attendance shifts.

Republicans are once again expected to be impacted by absences, which has played a role in the confirmation of several judicial nominees this week. A key example was the vote on Embry Kidd, who was confirmed to the 11th Circuit Court of Appeals on Monday when five Senate Republicans were absent. Had those members been present, they could have blocked the nomination.

The same issue emerged on Wednesday when Senators Kyrsten Sinema (I-Ariz.) and Joe Manchin (I-W.Va.) voted against two district court nominees, leaving Democrats with only 50 votes and unable to break a tie since Vice President Harris is in Hawaii.

However, some Republicans were absent as well. Sen. Mike Braun (R-Ind.) missed both votes, while Sen. Ted Cruz (R-Texas) missed the morning vote. Cruz returned to Washington around noon after attending the SpaceX rocket launch in Brownsville, Texas, with President-elect Trump the previous day.

Braun had been attending a conference for incoming governors, according to two GOP sources. He is not seeking reelection and will assume office as the governor of Indiana next month.

Republicans were frustrated by the absences earlier in the week, particularly on Monday and Tuesday, when key figures like Vice President-elect JD Vance and Sen. Marco Rubio (R-Fla.) were also missing. Rubio is expected to run the State Department under President-elect Trump.

When asked if he faced criticism for missing votes, Sen. Kevin Cramer (R-N.D.) remarked, “Not personally or directly. Just generally.” “We had a good discussion about making sure we’re all here when we actually have a shot at blocking these nominations,” Cramer continued. “I think there’s a renewed commitment to ensuring we’re present moving forward.”

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