Whitney Hermandorfer, Trump's First Judicial Pick of Second Term, Approved
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The Senate has confirmed President Donald Trump's first judicial nominee of his second term, approving Whitney Hermandorfer to serve on the Sixth U.S. Circuit Court of Appeals. The 46–42 vote fell strictly along party lines.
Hermandorfer previously served as director of strategic litigation for the Tennessee attorney general, where she defended several of Trump's policies, including efforts to end birthright citizenship and support for the state's near-total abortion ban.
Hermandorfer's confirmation underscores Trump's continued effort to shape the federal judiciary, a campaign that defined much of his first term. Under Trump's previous administration, the Republican-controlled Senate confirmed 234 federal judges, including three Supreme Court justices. Democrats responded during President Joe Biden's term by confirming 235 judges of their own — a record that Trump is now seeking to surpass.
Whitney Hermandorfer of the Tennessee Attorney General's Office speaks before a panel of judges, April 4, 2024, in Nashville, Tenn.
Whitney Hermandorfer of the Tennessee Attorney General's Office speaks before a panel of judges, April 4, 2024, in Nashville, Tenn.
Associated Press
Unlike the start of his first term, when Trump inherited more than 100 judicial vacancies due to the GOP-led Senate's obstruction during President Barack Obama's final years, he now faces a slimmer number — 49 vacancies out of nearly 900 federal judgeships. Still, Senate Majority Leader John Thune has vowed to press ahead with confirmations, noting that although there are fewer openings this time, the Republican-led Senate will prioritize moving nominees swiftly.
Critics of Hermandorfer's nomination have pointed to her limited courtroom experience — she graduated from law school just ten years ago — and what they view as a deeply ideological background.
Her record drew sharp criticism from Democrats and progressive legal groups, who labeled her views extreme and pointed to her office's defense of Tennessee's stringent abortion ban. Prior to that role, Hermandorfer clerked for three U.S. Supreme Court justices.
At her confirmation hearing, Sen. Chris Coons (D-Del.) questioned her qualifications, citing the "striking brevity" of her litigation record. Sen. Dick Durbin (D-Ill.), the top Democrat on the Judiciary Committee, accused Trump of valuing personal loyalty and political alignment over judicial independence.
The Judiciary Committee is also preparing to vote on additional nominees, including Emil Bove, a senior Justice Department official and former Trump attorney nominated for the Third Circuit. Bove's nomination has drawn scrutiny following allegations from a whistleblower who claimed Bove suggested the administration might need to defy judicial rulings. Bove has denied the accusation and instead criticized the FBI for "insubordination," claiming agents refused to identify those involved in the Capitol riot investigation and that he dismissed prosecutors tied to the Jan. 6 cases.
This article includes reporting by the Associated Press.
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