The Senate has confirmed the first judicial nominee of Donald Trump’s second term, marking the resumption of the president’s long-standing campaign to install a conservative tilt across the federal judiciary. This decision is a significant step in Trump’s strategy to reshape the judiciary, reflecting his vision of a more conservative legal landscape.
Whitney Hermandorfer, a conservative judge, was confirmed in a 46-42 vote along party lines to replace an Obama-era appointee on the Sixth Circuit Court of Appeals. This shift further pushes the court, which handles appeals from Kentucky, Michigan, Ohio, and Tennessee, to the right. Hermandorfer’s confirmation is a testament to Trump’s continued influence over the judiciary, particularly within the conservative bloc.
Trump has long emphasized the importance of loyalty from his judicial nominees, referring to them as ‘my judges.’ This term underscores his belief in a judiciary that aligns with his political agenda. However, the Senate vote also highlights the ongoing efforts by Trump allies to target existing judges whose decisions have conflicted with the administration’s goals. Despite these efforts, past attempts to remove judges have been unsuccessful, with the House not pursuing impeachment resolutions.
Efforts to limit the power of district court judges, such as restricting their ability to issue nationwide injunctions, have also faced resistance. These provisions were stripped from Trump’s landmark domestic policy bill, indicating a potential shift in legislative strategy. During his first term, Trump’s transformation of the federal judiciary was a major achievement, facilitated by changes to Senate rules that expedited the confirmation process. Now, with fewer seats remaining, the focus shifts to maintaining the ideological balance of the courts.
Hermand, a graduate of Princeton University and George Washington University Law School, clerked for Supreme Court Justices Samuel Alito and Amy Coney Barrett, as well as then-D.C. Circuit judge Brett Kavanaugh. Her experience includes leading the Strategic Litigation Unit of the Tennessee Attorney General’s office, where she defended the state’s near-total abortion ban and its prohibition on gender-affirming care for minors.
Trump’s announcement of Hermandorfer’s nomination highlighted her role as a ‘stanch defender of Girls’ and Women’s Sports.’ However, Democrats and their allies argued that Hermandorfer, who graduated law school in 2015, lacked the necessary professional experience for a lifetime judicial appointment. They also criticized her involvement in the conservative culture wars, leading to a unified Democratic vote against her nomination.