Since returning to office, President Trump has faced a wave of legal challenges from progressive groups aiming to block or delay his policies. Supporters argue that the best way to counter this courtroom resistance is by confirming more judges who interpret the Constitution as written. However, while Democrats have uniformly opposed his appellate court nominees, some Republican senators are also moving too slowly, especially when it comes to district court vacancies in reliably Republican states.
Why District Court Vacancies Matter
Federal district courts handle most cases in the judicial system. They oversee immigration disputes, criminal trials, and major constitutional claims. When seats remain empty, the system slows down and justice gets delayed.
Filling these positions can be harder than confirming Supreme Court justices. The main reason is the blue slip tradition. This practice gives home state senators strong influence over district court nominees, as well as U.S. attorney and U.S. marshal appointments. If even one senator withholds support, the nomination can stall.
The Blue Slip Roadblock
For decades, senators have guarded this authority. They effectively help choose the prosecutors, judges, and marshals who operate in their states. Some lawmakers have made it clear they will not support nominees who lack backing from both home state senators.
Because of this custom, vacancies in states with at least one Democratic senator are unlikely to be filled quickly. Partisan gridlock remains strong, and bipartisan cooperation is rare.
Red States Facing the Biggest Delays
The more pressing issue lies in states represented by two Republican senators. There are nearly two dozen open district court seats in these states. Texas alone has seven vacancies across its districts. As a border state handling heavy immigration caseloads, these openings place extra strain on the courts.
Other Republican led states also face shortages. South Carolina, Louisiana, Alaska, and Alabama each have one vacancy. Ohio, Oklahoma, and Florida each have two. Kansas has three. These states voted strongly for President Trump, yet their courts still lack enough judges.
The Political Clock Is Ticking
With midterm elections approaching, time is limited. If control of the Senate changes hands, the confirmation process could slow down significantly. Although Senate leaders have worked to move nominees forward, they cannot confirm judges who have not been formally put forward or advanced.
The Senate meets only a few days each week, which further restricts floor time. In addition, a potential Supreme Court vacancy would require major attention and resources. That makes it even more important to act now on district court nominations.
The Urgent Call to Act
Supporters of the president argue that Republican senators must treat judicial confirmations as a top priority. Delays, they warn, could weaken the administration’s broader policy goals. Moving faster on district court nominees would strengthen the federal judiciary and help ensure cases are resolved without unnecessary backlogs.
