On Monday, a White House spokesperson rejected President-elect Trump’s call for the Democratic Senate to halt judicial confirmations during the lame-duck period, before his inauguration and the Republican takeover of the upper chamber.
Andrew Bates, senior deputy press secretary, responded by highlighting past practices and the potential negative consequences for the public if such a pause were enacted. Trump had made this request over the weekend via social media.
“The American people expect their leaders to prioritize the rule of law and ensure that the criminal justice system functions properly in every state,” Bates said. “Delaying the confirmation of qualified judges leads to backlogs in criminal cases, which harms constituents. It is critical that Republicans and Democrats continue to work together to fill the federal bench.”
Bates also pointed out that, during Trump’s first term, a GOP-controlled Senate confirmed 55 nominees, including 18 judges, during the lame-duck period after the 2020 election.
“There is no justification for putting partisanship above upholding the rule of law,” Bates added.
Democrats maintain a slim majority in the Senate until the new Congress begins in January, with Republicans set to hold at least 52 seats. In Pennsylvania, GOP candidate David McCormick is leading in a race that remains undecided.
Trump also addressed the GOP Senate leadership contest, suggesting that anyone vying for the role should be prepared to make recess appointments, bypassing the usual confirmation process. In the same post, he argued that no judges should be approved during this time, claiming the Democrats were trying to push through judicial nominees while Republicans remained divided over leadership.