Senate Confirms Hermandorfer to Sixth Circuit Court

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Senate Confirms Hermandorfer to Sixth Circuit Court \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ The Senate has confirmed Whitney Hermandorfer, President Donald Trump’s first judicial nominee of his second term, to the Sixth Circuit Court of Appeals. Hermandorfer was approved along party lines, with Democrats opposing her record and perceived loyalty to Trump’s agenda. Her confirmation renews focus on Trump’s continued efforts to reshape the judiciary.

Quick Looks

Whitney Hermandorfer confirmed to Sixth Circuit Court in 46-42 vote
She previously worked for Tennessee’s attorney general defending Trump-era policies
Hermandorfer faced criticism for limited courtroom experience and ideological record
Democrats cited her defense of ending birthright citizenship and strict abortion laws
Trump filled 234 judgeships in his first term, Biden filled 235
Trump enters second term with fewer vacancies—just 49 compared to over 100 in 2017
Senate Majority Leader Thune vows swift confirmations of new Trump nominees
Democrats claim Hermandorfer shows loyalty to Trump over judicial independence
Judiciary Committee to vote on other Trump nominees, including Emil Bove
Bove’s nomination controversial due to whistleblower complaint and Capitol riot comments

Deep Look

The U.S. Senate’s confirmation of Whitney Hermandorfer to the Sixth U.S. Circuit Court of Appeals marks the official start of President Donald Trump’s second-term judicial campaign, underscoring his administration’s enduring focus on reshaping the federal judiciary.

Hermandorfer’s confirmation, secured with a narrow 46-42 party-line vote, comes at a time of shifting dynamics in the U.S. court system. During Trump’s first term, the president and a Republican-led Senate confirmed 234 federal judges, capitalizing on a backlog of vacancies left by former President Barack Obama, who faced opposition from a GOP-controlled Senate in his final years. Biden’s administration, eager to counterbalance that legacy, confirmed 235 judges—just one more than Trump—by the end of his first term.

Now, with Trump back in office and the Senate again under Republican control, judicial confirmations remain a political priority—but the landscape has changed.

Fewer Vacancies, Bigger Scrutiny

In 2017, Trump inherited over 100 federal court vacancies, enabling him to reshape appellate and district courts at record pace. In contrast, as of mid-2025, there are just 49 open seats across nearly 900 federal judgeships, making each nomination more high-profile and heavily scrutinized.

Senate Majority Leader John Thune has committed to moving swiftly on judicial confirmations, even if the sheer volume won’t match the previous term. “We’re not facing the number of judicial vacancies this Congress we did during Trump’s first term,” Thune admitted, “but the commitment to conservative judicial appointments is unchanged.”

Hermandorfer: A Conservative Star in the Making?

Whitney Hermandorfer, previously Director of Strategic Litigation for Tennessee Attorney General Jonathan Skrmetti, built her profile defending several polarizing state and federal policies, many aligned with Trump’s hardline agenda. These included the attempt to end birthright citizenship and defending Tennessee’s strict abortion ban—policies that drew widespread legal and public backlash.

Democrats and left-leaning legal organizations called her record ideologically extreme, especially in light of her relatively brief post-law school experience. During her confirmation hearing, Sen. Chris Coons (D-Del.) questioned her “striking brevity” of courtroom practice and casework since graduating just a decade ago.

Despite those concerns, Hermandorfer’s resume includes clerkships with three Supreme Court justices, a credential Republicans touted as evidence of intellectual rigor and preparedness for the federal appellate bench.

Partisan Accusations of Loyalty and Ideology

Opposition to Hermandorfer’s nomination centered on her perceived loyalty to Trump, rather than to judicial independence. Sen. Dick Durbin (D-Ill.), the Senate Judiciary Committee’s top Democrat, argued her confirmation reflects a broader pattern in Trump’s judicial philosophy.

“Trump is only focused on a nominee’s perceived loyalty to him and his agenda — and a willingness to rule in favor of him and his administration,” Durbin said on the Senate floor.

The confirmation comes amid growing concern over the politicization of the courts, with many critics warning that judicial nominees are being evaluated less for their jurisprudence and more for their alignment with a president’s political and cultural ideology.

Conservatives, however, argue that Hermandorfer represents the kind of originalist, textualist judicial philosophy that federal courts need to restore constitutional limits and restrain executive and bureaucratic overreach.

A Broader Judicial Strategy Unfolding

Hermandorfer’s confirmation is likely just the first wave in a broader judicial strategy under Trump’s second term. The Judiciary Committee is poised to vote on several more nominees, including Emil Bove, a senior Justice Department official and former Trump attorney nominated to the Third Circuit Court of Appeals.

Bove’s nomination is especially controversial. A whistleblower complaint alleges that he once told colleagues the administration might need to “ignore judicial commands,” using an expletive during a private meeting. He’s also accused of firing prosecutors involved in Jan. 6 cases and publicly chastising FBI officials for not sharing agent names linked to the Capitol riot investigation.

Democrats have signaled strong opposition to Bove, warning that his nomination could further erode judicial independence and damage public trust in the legal system. Bove has pushed back, defending his record and stating the allegations have been misrepresented for political purposes.

Long-Term Consequences for the Federal Courts

Though Trump has fewer seats to fill, the impact of these appointments will be long-lasting. Federal judges serve lifetime appointments, and appellate court judges wield enormous influence, shaping the legal framework on abortion, immigration, voting rights, administrative law, and more.

The Sixth Circuit, where Hermandorfer will serve, is a key battleground for issues such as state abortion restrictions, gun laws, and civil liberties. Her decisions will affect not just Tennessee but also Ohio, Michigan, and Kentucky—states with rapidly changing legal landscapes.

If Trump continues to nominate ideologically aligned judges and the Senate moves quickly to confirm them, the balance of federal courts will continue to tilt rightward, even without the volume advantage he had in his first term.

And if the White House continues pushing nominees like Hermandorfer and Bove, Democrats are expected to intensify their resistance, setting the stage for a judicial confirmation battleground likely to dominate the remainder of this Congress.