The U.S. Senate confirmed Embry Kidd to the U.S. Court of Appeals for the Eleventh Circuit on Monday with a razor-thin 49-45 vote.
Kidd, a federal magistrate judge with a controversial record, now holds a lifetime appointment to the appeals court overseeing Alabama, Florida, and Georgia.
Kidd’s confirmation fills a seat vacated by Judge Charles Wilson, a Clinton appointee who took senior status.
His confirmation follows the controversial approval of Nancy Abudu, a former Southern Poverty Law Center attorney, in 2023.
The timing could not have been more critical, as four other federal appellate nominees—Julia Lipez for the First Circuit, Adeel Mangi for the Third Circuit, Ryan Park for the Fourth Circuit and Karla Campbell for the Sixth Circuit— are awaiting Senate confirmation in what could be the final days of Biden’s presidency with a Democrat-led Senate, according to LAW.com.
Republican senators faced criticism for failing to prevent this appointment, with several notable absences during the vote.
Among those missing were:
- Mike Braun (R-IN)
- Steve Daines (R-MT)
- Bill Hagerty (R-TN)
- Marco Rubio (R-FL)
- J.D. Vance (R-OH)
West Virginia Democrat Joe Manchin (I-WV) broke ranks to vote against Kidd, and John Fetterman (D-PA) did not show up.
Vance released a now-deleted statement stating, “If I had shown up to the vote in question, the nominee would have succeeded 49-46 rather than 49-45. If every Republican had shown up, Fetterman would have come in, and the Democrats still would have gotten their nominee across.”
He continued, “I tend to think it’s more important to get an FBI director who will dismantle the deep state than it is for Republicans to lose a vote 49-46 rather than 49-45. But that’s just me.”
According to Newsweek, “Soon after the posts were deleted, Vance appeared in the Senate chamber and voted against a federal nominee to a court in Oregon.”
According to CNN:
Sen. Bill Hagerty of Tennessee, who was also at Mar-a-Lago on Monday as he is being considered for Trump’s Cabinet – were absent, as was Democratic Sen. John Fetterman.
[…]
Montana GOP Sen. Steve Daines, meanwhile, who was missing from the Monday vote on Embry but has participated in votes since, has explained that his Monday arrival in DC was delayed by multiple flight issues.
The GOP no-shows handed Biden yet another judicial victory.
Conservative commentator Matt Whitlock sharply criticized the Republican absences, stating, “This nominee has written that laws against child rape are racist. He hid two previous decisions where he gave lenient sentences to child predators from the Senate. Now he has a lifetime judgeship—replacing a potential Trump nominee—because Republicans didn’t bother to show up.”
This nominee has written that laws against child rape are racist. He hid 2 previous decisions where he gave lenient sentences to child predators from the Senate.
Now he has a lifetime judgeship– instead of a Trump nominee – because Republicans didn’t bother to show up. https://t.co/5o1NGSzq56
— Matt Whitlock (@mattdizwhitlock) November 19, 2024
Florida Governor Ron DeSantis took to X to express his disappointment.
“This leftist judge would have been voted down and the seat on the important 11th circuit would have been filled by Donald Trump next year had Republicans showed up. Now, the leftist judge will have a lifetime appointment and the people of FL, AL and GA will suffer the consequences.”
This leftist judge would have been voted down and the seat on the important 11th circuit would have been filled by Donald Trump next year had Republicans showed up.
Now, the leftist judge will have a lifetime appointment and the people of FL, AL and GA will suffer the… https://t.co/7h8uyfvLUq
— Ron DeSantis (@RonDeSantis) November 19, 2024
Ron DeSantis should nominate a senator who will show up for Republicans.
Recall, Florida Governor Ron DeSantis is preparing for another pivotal decision. Following President-Elect Donald Trump’s nomination of Senator Marco Rubio for Secretary of State, DeSantis confirmed Monday that he has received “strong interest” from several candidates vying to replace Rubio in the Senate.
Rubio is expected to resign from his Senate seat to assume his new role when the Trump administration takes power on January 20th, creating a critical vacancy.
“Senator Marco Rubio is expected to resign from the Senate to assume duties as Secretary of State when the Trump administration takes power on January 20th, creating a vacancy roughly two months from today.
We have already received strong interest from several possible candidates, and we continue to gather names of additional candidates and conduct preliminary vetting. More extensive vetting and candidate interviews will be conducted over the next few weeks, with a selection likely made by the beginning of January.
Florida deserves a Senator who will help President Trump deliver on his election mandate, be strong on immigration and border security, take on the entrenched bureaucracy and administrative state, reverse the nation’s fiscal decline, be animated by conservative principles, and has a proven record of results.”
Senator Marco Rubio is expected to resign from the Senate to assume duties as Secretary of State when the Trump administration takes power on January 20th, creating a vacancy roughly two months from today.
We have already received strong interest from several possible…
— Ron DeSantis (@GovRonDeSantis) November 18, 2024
