Q&A: Historic Pace of Judicial Confirmations

With U.S. Sen. Chuck Grassley

Q: Why are Article III judges confirmed by the Senate?

A: Our system of checks and balances is a founding doctrine enshrined in our Constitution that limits government overreach and gives sovereignty to the people. Article III of the Constitution outlines the authority of the federal judiciary, often called the third branch of the federal government. Dividing the appointment process between the executive branch (the president) and the legislative branch (the Senate) is a stroke of genius by our nation's founders to prevent one person or one branch from having unilateral control of the federal judiciary. Article II, Section 2 of the Constitution authorizes the president, by and with the "advice and consent" of the Senate, to nominate Supreme Court justices. Congress has exclusive authority to create Article III judgeships, including Supreme Court justices, federal circuit and district judges. The Judiciary Act of 1789 established the current three-tiered hierarchy of the federal judiciary.

In Federalist No. 78, Alexander Hamilton fleshed out the reasoning for Article III that establishes the independence of the federal judiciary and strengthens the separation of powers. He explained the judiciary has no influence over either the "sword" or the "purse" of the community. Whereas the executive branch has military power and the legislative branch has the authority to tax and spend, the judicial branch renders judgment. Hamilton explained that establishing lifetime appointments "during good behavior" is the best remedy to secure an "impartial administration of the laws." Such permanency insulates the federal judiciary from political whims and empowers the third branch of the federal government to be the guardian of liberty and "citadel of the public justice and the public security."

Q: How do you manage judicial nominations as chairman of the Senate Judiciary Committee?

A: As one of the original standing committees in Congress, the Senate Judiciary Committee has exclusive jurisdiction to vet judicial nominees appointed by the president. Since 1981, I've served on this influential committee and currently serve as chairman. I work to ensure nominees are qualified for these lifetime appointments. The thorough examination includes extensive background checks, written questionnaires and review of legal records, rulings and writings. Senators on both sides of the aisle support the century-old Senate tradition that requires the approval of both home-state senators for federal district court judges. The so-called blue slip custom upholds the shared authority between the White House and U.S. senators for lifetime appointments to the federal district court. It preserves the ability of lawmakers to shape the types of judges who apply the law, conduct trials and resolve disputes on behalf of the people we are elected to represent. While I reject efforts to do away with the blue slip process as a pivotal tool to help keep the people's branch accountable to the people, I also reject bad-faith, partisan obstruction that undermines the precedent and institutional integrity of our advice and consent responsibilities.

The American people deserve their government to work efficiently and effectively. That includes having a say in the types of judicial nominees appointed to the federal bench, as well as efficient consideration of the nominations. Under my leadership during the 119^th Congress in President Trump's second term, we're processing judicial nominations at a historic pace. In fact, the Senate Judiciary Committee is advancing and confirming Article III judges faster than at any time since the Reagan administration, eclipsing records not seen in decades. For example, in 2025 and 2026, the committee has confirmed circuit court judges nearly twice as fast as during the first Trump and Biden administrations. What's more, we've had even greater success with federal district court nominations, tripling the pace of Trump's first term. That success can be attributed to collaboration by members of the committee and to the highly qualified individuals Trump is nominating to serve on the federal bench.

From the Supreme Court to 13 federal appellate courts and 94 federal district courts, lifetime appointments to Article III judgeships will hear cases that shape our way of life and define individual rights and protections for generations to come. That's why I take the confirmation process so seriously and will continue working to fulfill this constitutional responsibility in faithful stewardship on behalf of the American people.

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