Political News

Sen. Lindsey Graham encourages senior judges to step aside ahead of election

Senate Judiciary Chairman Lindsey Graham on Thursday encouraged senior federal judges to step aside so his committee can approve conservatives who President Donald Trump would nominate to replace them ahead of the November election.

Posted Updated

By
Devan Cole
and
Ted Barrett, CNN
CNN — Senate Judiciary Chairman Lindsey Graham on Thursday encouraged senior federal judges to step aside so his committee can approve conservatives who President Donald Trump would nominate to replace them ahead of the November election.

"This is an historic opportunity," Graham said in an interview with conservative radio host Hugh Hewitt. "If (Trump) can get four more years, I mean, it would change the judiciary for several generations. So if you're a circuit judge in your mid-60s, late 60s, you can take senior status, now would be a good time to do that if you want to make sure the judiciary is right of center."

"This is a good time to do it," the South Carolina Republican stressed.

The unusual plea was prompted by Hewitt and reflects a recognition from Senate Republicans they may not control the chamber next session and therefore won't be in a position to push through confirmations of Trump's judges should he win reelection.

Asked if Graham can "assure (the judges) that their successor will indeed be confirmed before the election," the senator replied: "Well, if you wait, you know, November the 1st, no. So do it now. ... I need some time."

Federal judges who have reached age 65 are eligible to take "senior status" depending on their number of years on the bench. That allows them to maintain a reduced caseload, while creating a vacancy on the court.

Some Republicans have grown increasingly worried that Trump is headed for defeat in November and he may drag other Republicans down with him.

Should Trump lose his reelection bid to presumptive Democratic nominee Joe Biden, any future vacancies could potentially be filled by liberal judges. If Trump remains in office but Democrats take control of the Senate, his nominations could be blocked by the new majority.

The President has significantly reshaped the judiciary during his first term, including by appointing two conservative justices to the US Supreme Court.

Senate Majority Leader McConnell previously embraced the notion of asking older judges to take "senior status" or retire so Republicans could fill those vacancies with conservative jurists.

"Obviously, the senior judges need to let the White House know in advance of the actual date so that we can be prepared to move the new nominee. As I said, my motto for the year is leave no vacancy behind, and that's exactly what I mean," the Kentucky Republican told Hewitt in an interview in February.

The Senate is expected to vote next month to confirm Justin Walker, a young judge close to McConnell, to the US Court of Appeals for the DC Circuit, enraging Democrats who say he's not qualified.

Speaking late last year to Hewitt, McConnell remarked that "one of every four of the US circuit judges in the country have been put on the bench" during Trump's tenure.

"So we do believe with a second Trump term and a continued Senate Republican majority, we can transform the courts even further," the McConnell said.

Copyright 2024 by Cable News Network, Inc., a Time Warner Company. All rights reserved.