The President Nominates Circuit Judges, Not Senators

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Cite

Blackman, J. (2026, November 11). The President Nominates Circuit Judges, Not Senators. Reason. https://reason.com/volokh/2026/11/11/the-president-nominates-circuit-judges-not-senators/

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Reason · collected 2026-11-11 · by Josh Blackman

Quick Summary

The article discusses recent developments in judicial nominations where President Trump nominates circuit judges but faces significant influence from senators like Boozman and Wicker, who block preferred nominees and secure their own choices through lobbying and deals. In the Eighth Circuit, Judge Lee Rudofsky's nomination was withdrawn after Senator Boozman lobbied other senators to oppose him, leading to Cody Hiland being nominated instead. Similarly, in the Fifth Circuit, Todd Butler’s nomination was facilitated by a deal with Senator Wicker despite doubts from conservative legal circles about Butler’s qualifications and ideology. The article highlights how these senatorial interventions have altered the usual dynamics between the executive branch and the Senate in judicial appointments.
Written by AI on 2026-11-11, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Why this leaning score
The article's own words the score was based on. Each is quoted verbatim and was checked against the article text before being stored, so you can find it in the original.
Reading Leans strongly left (beta estimate) Confidence high
Leaning: leans strongly left for article 145663 (high confidence, 4 verified quotes) · logged 2026-11-11

Story

President Nominees Circuit Judges
Politics · 1 article(s) covering the same event.

Compared with similar articles

This article reads leans strongly left and hedges 0% of its claims. Each row says how that neighbour differs.
Washington Examiner
Hedges 0 of 2 claims Outlet record 68/100
“The articles discuss different aspects of judicial nominations and appointments under Trump's presidency, without clearly referring to the same specific incident.”
Washington Examiner
Leans right further right than this Hedges 0 of 2 claims Outlet record 68/100
“Article A reports on Trump withdrawing Judge Rudofsky's nomination due to opposition from Arkansas senators, while Article B describes a fictional scenario where Hiland refuses a district court seat offered by the White House and incorrectly states that Rudofsky was a stellar nomination.”
Reason
Leans left further right than this Hedges 2 of 87 claims Outlet record 67/100
“The articles discuss different aspects and outcomes related to Justice Cody Hiland's nomination, not a single specific incident.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

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Claims extracted
49
sentences that state something as happening or true
Uncertain
0%
0 of 49 hedged ("reportedly", "may", "according to")
Leaning
Leans strongly left
of the writing, not the subject · beta estimate
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
1
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-11-11 · how these are computed

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Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Reason · 1272 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Josh Blackman
99 article(s) here · 1 carrying a prediction
Maybe Trump determined that he needed as many judges confirmed before January, so the identity of the judge didn't matter.
2026-11-11 · assertive framing · The President Nominates Circuit Judges, Not Senators
Given the large Democratic Senate majority and unfavorable maps for 2028 and 2030, a Republican Senate with the votes to confirm originalist judges may not return until 2033 at the earliest.
I have known both of these sharp legal minds for some time, and would welcome their addition to the bench.
"The loudest voices that people hear are these megachurches, and they think that's what we're all doing," said the Rev. Janet Maykus.
2026-11-09 · assertive framing · Talarico's Christianity
It is expected that, at some point, she will resign her U.S. senate seat, then take up the governor's position, and subsequently make a temporary appointment to fill her then-vacant senate seat.
Those outcomes will get a lot of attention.
2026-11-04 · assertive framing · Choosin' Texas I Can Tell
And Kagan spared California the fate that befell Missouri, which had to file a pointless brief that no one would read.
I thought it might be worthwhile to dig into the numbers a bit more.
Today the law firm of Weil Gotshal announced that it would wind down.
2026-10-28 · assertive framing · Farewell to Weil
And her unwillingness to participate in any disciplinary proceedings suggests something is amiss.
Also by Josh Blackman
Talarico's Christianity
2026-11-09 · Reason
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 99 articles by Josh Blackman →

Topics

Senate The Trump Administration The White House White House the Eighth Circuit

Subjects

Hiland PERSON · 7× Trump PERSON · 7× Armstrong PERSON · 5× Butler PERSON · 5× Boozman PERSON · 3× Arkansas GPE · 2× Rudofsky PERSON · 2× Southwick PERSON · 2× The White House ORG · 2× the Eighth Circuit ORG · 2×

Narrative

The Trump Administration interviewed Justice Cody Hiland, but determined he was not up to the task of being a circuit judge, so they offered him a federal district court seat as a consolation prize.
framing: assertive · carried by 1 article(s) · first seen 2026-11-11
Maybe Trump determined that he needed as many judges confirmed before January, so the identity of the judge didn't matter.
2026-11-11 · Reason
The President Nominates Circuit Judges, Not Senators · assertive framing

Claims (49 extracted, 0 hedged)

There has been a momentous shift in the relationship between the President and the Senate, and most people have missed it. asserted
people → miss → it
Let's start with the Eighth Circuit. asserted
's → let → Circuit
The Trump Administration interviewed Justice Cody Hiland, but determined he was not up to the task of being a circuit judge, so they offered him a federal district court seat as a consolation prize. asserted
they → interview → prize
Hiland shot back at the White House Counsel and refused the seat. asserted
Hiland → shoot → seat
He even wanted to rub it in Trump's face. asserted
He → want → face
The White House made a stellar nomination with Judge Lee Rudofsky. asserted
House → make → Rudofsky
Hiland then told an entire room of law students about his experience as a lesson that should be learned. asserted
that → tell → lesson
But Hiland had a friend in a high place. asserted
Hiland → have → place
Senator Boozman of Arkansas lobbied Senator Tillis of North Carolina and Senator Cornyn of Texas to block Judge Rudofsky. asserted
Boozman → lobby → Rudofsky
Apparently there were some discussions between the President and Boozman, and the President folded. asserted
President → be → President
Maybe Trump determined that he needed as many judges confirmed before January, so the identity of the judge didn't matter. asserted
identity → determine → judge
Maybe Trump didn't want to create more problems with his caucus. asserted
Trump → want → caucus
Maybe Trump just didn't care. asserted
Trump → care → ?
Who knows? asserted
Who → know → ?
Trump withdrew Rudofsky and nominated Hiland. asserted
Trump → withdraw → Hiland
There is no guarantee that Hiland gets a hearing and makes it through the process. asserted
Hiland → be → process
And frankly, I wouldn't blame some of the other conservative senators from the Eighth Circuit for putting Hiland through the paces at the hearing. asserted
I → blame → hearing
It's not clear to me he'll be able to answer all the questions. asserted
he → answer → questions
But regardless of what happens, Senator Boozman won and President Trump lost. asserted
Trump → happen → ?
It is painfully clear there was some sort of deal between Judge Southwick and Senator Wicker. asserted
It → be → Southwick
In no universe would the White House have picked Todd Butler without that deal. asserted
House → pick → deal
I've yet to hear anyone provide me a single shred of evidence that he is conservative beyond saying "All southern lawyers are conservative. asserted
lawyers → hear → evidence
Moreover, Southwick announced on September 29 that he would Senior Status, making it virtually impossible for another nominee to be selected. asserted
nominee → announce → Status
Yesterday, I watched Butler's confirmation hearing with interest. asserted
I → watch → interest
He received a few softballs from Senator Grassley, a very warm welcome from Senator Kennedy, and some surprisingly nice questions from Senator Booker about representing police officers. asserted
He → receive → officers
Butler did not seem to understand departmentalism and mis-cited Mabury v. Madison. asserted
Butler → seem → Madison
I actually think Butler tripped up on Senator Blumenthal's questions about January 6 and the election, but it didn't matter. asserted
it → think → January
He sailed through. asserted
He → sail → ?
Members of the conservative legal movement have raised doubts about Butler. asserted
Members → raise → Butler
Only they know why they stayed out. asserted
they → know → ?
Senator Wicker prevailed, and the President lost. asserted
President → prevail → ?
Someone yesterday asked me if I knew what Senator Armstrong was doing. asserted
Armstrong → ask → what
He is the temporary senator appointed to fill Senator Mullins's seat. asserted
He → appoint → seat
As Mike Fragoso relays, Armstrong is blocking the nomination of Zach West to the District Court in Oklahoma. asserted
Armstrong → relay → Oklahoma
This is all about some sort of squabble between West and defeated-AG Drummond. asserted
This → defeat → West
Armstrong returned a blue slip but is now trying to take it back. asserted
Armstrong → return → it
That's not how things work. asserted
things → work → ?
If Armstrong prevails here, the President will lose. asserted
President → prevail → ?
Circuit seats belong to the circuit, and not to the state. asserted
seats → belong → state
It bothers me that "home state" senators introduce circuit court nominees. asserted
senators → bother → nominees
…and 9 more, not listed.
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