Senate Republicans aren’t giving Democrats an easy pass as the lame-duck session unfolds. Senate Minority Whip John Thune, R-S.D., has led the charge to slow down judicial confirmations, rejecting Senate Majority Leader Chuck Schumer’s, D-N.Y., push to stack lifetime judicial appointments before Thanksgiving.

Thune, recently chosen as the next GOP Senate leader, made it clear Republicans won’t roll over.

U.S. senator John Thune speaks after winning reelection on Tuesday evening, November 8, 2022, at the Hilton Garden Inn in Sioux Falls, SD.

“If Sen. Schumer thought Senate Republicans would just roll over and allow him to quickly confirm multiple Biden-appointed judges to lifetime jobs in the final weeks of the Democrat majority, he thought wrong,” Thune told Fox News.

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This procedural slowdown stems from Schumer’s decision to file cloture on several judicial nominees, setting up days of confirmation votes. Republicans, unwilling to fast-track Biden's appointments, used floor maneuvers to delay proceedings.

By objecting to unanimous consent—a process usually employed to move between legislative and executive sessions—GOP senators forced additional votes to occupy time, effectively dragging out the process.

Aug 20, 2024; Chicago, IL, USA; Sen. Chuck Schumer, D-N.Y., speaks during the second day of the Democratic National Convention at the United Center. Mandatory Credit: Jasper Colt-USA TODAY

Schumer and his allies are laser-focused on solidifying President Biden’s judicial legacy. The Democrat-controlled Senate has already confirmed 215 judges, including nominees with backgrounds in public defense, civil rights law, and voting rights advocacy.

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Schumer touted this accomplishment during floor remarks Monday, emphasizing the diversity and experience of the confirmed judges.

“The judges we’ve confirmed represent perhaps the widest range of backgrounds and experiences ever seen under any president,” Schumer said. “We have more judges that worked as public defenders, legal aid attorneys, civil rights lawyers, federal prosecutors, voting rights lawyers, and more women and people of color than we’ve ever had under one Administration.”

Schumer vowed to press forward with additional nominations. “Tonight, I will file on additional judges who we will move forward on the floor this week,” he said, signaling his commitment to filling every possible vacancy.

Aug 19, 2024; Chicago, IL, USA; First Lady Jill Biden and President Joe Biden wave to the crowd after President Biden’s speech during the first day of the Democratic National Convention at the United Center. The DNC program will feature President Joe Biden and Former Secretary of State Hillary Clinton during Monday's ceremonies. Mandatory Credit: Jasper Colt-USA TODAY

Republicans see the Democrat push as a political ploy to lock in liberal judicial ideologies before losing their Senate majority. By delaying votes, the GOP hopes to curb Biden’s ability to rival former President Donald Trump’s record of 234 confirmed judicial nominees during his first term.

This battle underscores the high stakes of judicial appointments, with each party seeking to shape the federal judiciary for decades. While Schumer promised to keep prioritizing confirmations until the year’s end, Senate Republicans seem equally committed to ensuring the process is anything but smooth.

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