Whitney Hermandorfer Nominated to the Sixth Circuit Court of Appeals
President Donald Trump has put forth Whitney Hermandorfer as a nominee for the U.S. Court of Appeals for the Sixth Circuit. This marks Trump’s first judicial appointment of his second term, succeeding Judge Jane Branstetter Stranch, who was appointed by President Barack Obama in 2010.
Judicial Appointment Framework
The U.S. Constitution empowers Congress under Article I to establish “Tribunals inferior to the supreme Court,” which include specialized courts like the U.S. Tax Court and the U.S. Court of Appeals for the Armed Forces. These judges serve fixed terms, in stark contrast to Article III judges, who are nominated for life, contingent on “good Behaviour.” Article III includes key courts such as the U.S. District Court and U.S. Court of Appeals, which collectively exercise the “judicial Power of the United States.”
Context of Judicial Confirmations
The current landscape of judicial appointments differs significantly from Trump’s initial term. During President Obama’s last two years, a Republican-controlled Senate confirmed only 22 judges—representing a mere 2.6% of the total judiciary, the lowest percentage since the Constitution’s ratification in 1789. Consequently, 106 vacancies were present when Trump took office in March 2017.
In contrast, under President Joe Biden, Democrats confirmed 139 judges over the past two years, comprising the third-highest total in U.S. history. As a result, only 5.3% of the judiciary currently remains unfilled, marking the lowest vacancy rate for a new presidency in more than four decades.
The Path Ahead for Trump’s Appointments
Historically, an average of 45 judicial seats become vacant each year, with three-fourths of these from judges taking “senior status.” If this trend continues, Trump could potentially appoint over 400 judges across both of his terms, surpassing all previous presidential records.
Profile of Whitney Hermandorfer
Whitney Hermandorfer’s nomination reflects a continued commitment to the priorities established during Trump’s first term. She earned her law degree from George Washington University Law School, where she served as editor-in-chief of the law review. Hermandorfer has clerked for notable jurists, including Richard Leon, Brett Kavanaugh, and Supreme Court Justices Samuel Alito and Amy Coney Barrett. Currently, she is the director of the Strategic Litigation Unit in the Office of the Tennessee Attorney General, earning recognition as a “rising star” in appellate law from the Legal 500.
Reactions to the Nomination
Immediately following her nomination, liberal advocacy groups expressed strong opposition, labeling it “appalling” and indicative of a “dangerous direction for the judiciary.” Critics argue that Trump aims to “stack the judiciary” with judges aligned with his political objectives. This reaction mirrors demands from the same groups, who urged President Biden to appoint judges that would advance his agenda and considered proposals for “packing” the Supreme Court.
