by Jorge Gomez • 3 minutes
With the 2026 Midterm elections looming, the U.S. Senate and the administration need to move quickly to confirm judges. There’s an urgency to fill about 40 vacancies.
The results of the November election could very well close the window of opportunity to place strong, principled judges on the bench. A power shift in the U.S. Senate and divided government could stall confirmations for the rest of the President’s second term.
The Trump administration has already made a lasting impact. More than 230 judges were confirmed during his first term, which included three Supreme Court justices, 54 judges to the courts of appeals and more than 170 to district courts.
In 2025, the Senate confirmed 26 Trump judges. That exceeded the 19 who were confirmed in the President’s first year during his first term.
But with 2026 well underway, the administration is going to have to step on the gas if it’s going to reach 40 confirmations in its second year.
The Senate is trying to get things moving. “Senate Republicans confirmed half-a-dozen of President Donald Trump’s judicial nominees last week, continuing a quick pace to green-light as many of his picks as possible,” Fox News reported.
Still, there are only three nominees in the pipeline, which means about 90% of current vacancies don’t have a candidate pending.
Although vacancies are limited right now, the Trump administration can still make a historic impact.
According to Reuters, there are more than 240 judges eligible to take senior status, a type of semi-retirement in which a judge may continue to hear cases, but that opens their seat to be filled.
Since 1980, an average of 45 seats become vacant each year, according to the Heritage Foundation. Based on those figures, their experts predict the president could appoint more than 400 judges during his two terms.“This is going to be one of Trump’s main legacies,” said George Washington University law professor Jonathan Turley on Fox News’ The Ingraham Angle. “If he can fill these slots, he can guarantee that this court system is not going to move dramatically to the left.”
“This is the time you can move these nominations. This should be the priority,” he continued. “Keep in mind that district courts are overwhelmed. Their dockets are ridiculous. The cases are pending for years, and you can’t run a justice system like that. We need these judges.”
The numbers are only part of the urgency. It’s also about making sure that the best nominees are put forward, especially when there are fewer vacancies.
So far, many of the Trump judges serving on the bench for life are among the most committed to religious liberty and to upholding the original meaning of the Constitution.
Last year, for example, the Senate confirmed former First Liberty attorney Jordan Pratt to a district court seat in Florida. Pratt is someone whose record and experience shows a deep respect for and commitment to the Constitution and the religious liberty of all Americans.
The Senate also confirmed Chad Meredith to a district court in Kentucky. Chad served as a volunteer attorney with First Liberty, donating his time to defend clients who faced attacks on their religious freedom.
As religious Americans confront increasing attacks on their rights, our federal courts need judges who are committed to protecting the Constitution, religious liberty and the rule of law. With fewer vacancies, the administration will have to be even more diligent in selecting nominees who fit that criteria.
First Liberty will continue evaluating the record of judicial nominees and providing the facts with the administration on which are best qualified to protect your religious freedom and serve on the federal bench.
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