Slow Start Raises Eyebrows, But Fewer Vacancies Tell the Real Story Behind Trump’s Judicial Strategy
President Donald Trump’s second term has hit a temporary slowdown in confirming federal judges — a development that’s raising concerns among conservatives who remember the judicial victories of his first term. But there’s more to the story than meets the eye.
On Thursday, the U.S. Senate voted 51-43 along party lines to advance Trump’s first judicial nominee of the term, Whitney Hermandorfer, to the Sixth Circuit Court of Appeals. The confirmation vote is expected next week.
By comparison, Trump had already confirmed two judges — including Supreme Court Justice Neil Gorsuch — by this point in 2017. And by July of that year, three were seated. Former President Joe Biden, despite major opposition from conservatives, had secured 14 confirmations by this time in 2021.
So what’s slowing things down now? The answer may surprise you.
According to Senate Majority Leader John Thune (R-SD), it’s not a lack of action — it’s a lack of available seats.
“We’re simply not seeing the same number of vacancies as we did in Trump’s first term,” Thune said Thursday on the Senate floor. “There are only about 50 federal judicial seats currently open.”
Trump’s First-Term Legacy Still Looms Large
Conservatives will remember Trump’s historic first-term achievement: 234 confirmed judges, including three Supreme Court Justices. That record helped secure constitutionalist rulings and reshaped the federal judiciary for a generation.
Biden barely edged out that figure with 235 by the end of his term — aided by a Democrat-controlled Senate and legacy media cover.
Why Are There Fewer Openings Now?
Much of the current delay comes down to simple arithmetic. There are 179 authorized circuit court judgeships and 677 federal district judgeships. Most of these positions are already filled — thanks in large part to Trump’s earlier efforts. Since federal judges serve lifetime appointments, there are fewer chances to push through new nominees until more vacancies occur.
This bottleneck is frustrating but temporary — and conservatives know the value of patience when playing the long game.
Democrats Changed the Rules — Now They’re Paying the Price
Let’s not forget how we got here. Back in 2013, then-Senate Majority Leader Harry Reid (D-NV) invoked the nuclear option, eliminating the 60-vote threshold needed to break a filibuster on most judicial nominations. That rule change came back to bite Democrats when Republicans took control and began seating constitutionalist judges at a rapid pace.
Legislative Wins Keep Momentum Going
While judicial confirmations may be off to a slower start, President Trump isn’t wasting time. Just last week, he signed the One Big Beautiful Bill Act into law — a sweeping legislative package delivering on key conservative priorities.
This follows the blueprint from Trump’s first term, when he signed the Tax Cuts and Jobs Act by the end of his first year. Meanwhile, Biden’s partisan “Inflation Reduction Act” didn’t materialize until August of his second year in office — and was widely criticized for failing to deliver any real economic relief.
⚖️ Bottom Line for Conservative Voters
The pace may be slower, but the goal remains the same: putting strong constitutionalist judges on the bench, protecting your freedoms, and restoring the rule of law. President Trump and Senate Republicans are ready — they just need the openings.
Stay tuned. The judicial fight isn’t over — it’s only just beginning.