Whitney Hermandorfer is the first far-right judicial nominee to be confirmed during the presidents second term, and she wont be the last.
Trump set out to put âunapologetically combative, MAGA-friendlyâ conservatives on the federal bench.
Senate Republicans are already playing their role, rubberstamping the first of many unqualified nominees. www.msnbc.com/rachel-maddo...
— Steve Benen (@stevebenen.com) 2025-07-15T13:06:14.845Z
https://www.msnbc.com/rachel-maddow-show/maddowblog/trump-judges-whitney-hermandorfer-rcna218823
Looking back, however, the president and his team arent altogether satisfied. The problem, evidently, is that some conservative, Trump-appointed jurists
many of them handpicked by the conservative Federalist Society are not quite radical enough. Some have even had the audacity to issue rulings that Republicans didnt like.
For Team Trump, this became a learning experience of sorts. Sure, his other successful judicial nominees were conservative, but not enough of them were knee-jerk conservatives who could be counted on to deliver for the right reflexively and without a lot of fuss or forethought. As NBC News reported last month
, the president settled on a new approach to selecting judges in his second term, departing from his first-term formula of younger up-and-comers, elite credentials and pedigrees in traditional conservative ideology and instead leaning toward unapologetically combative, MAGA-friendly nominees.
Its precisely why Team Trump decided that the Federalist Society simply wasnt MAGA-aligned enough. In fact, a year before Election Day 2024,
The New York Times reported that Team Trump had begun looking at Federalist Society members as squishes.
And this week, Senate Republicans, voting along party lines, confirmed
Whitney Hermandorfer, who served as director of the strategic litigation unit in the Tennessee attorney generals office, marking the first judicial confirmation of Trumps second term. The Times reported:
She clerked for Justices Samuel A. Alito and Amy Coney Barrett on the Supreme Court and for Justice Brett M. Kavanaugh when he sat on the U.S. Court of Appeals for the District of Columbia Circuit. At age 38, she is part of an effort by both parties to place younger judges on the bench, where they can serve for decades given their lifetime tenure, as opposed to the previous tradition of choosing lawyers with more extensive careers. Her legal background drew criticism from Democrats.
It did, indeed. Hermandorfer, who rose to public prominence defending a Republican abortion ban and challenging a Biden administration prohibition on discrimination against transgender students
, only has six years of actual legal practice and as my MSNBC colleague Lisa Rubin recently explained, thats roughly half of what the American Bar Association considers necessary to be qualified for a federal judgeship.....
But in our post-qualifications era, Trump didnt care, and Senate Republicans, including ostensible moderates such as Maines Susan Collins, played their role and rubber-stamped Hermandorfers nomination.
She is the first far-right judicial confirmation of the presidents second term, but she wont be the last.
trump is picking judges are too extreme for the Federalist Society. Six years out of law school is too soon to be a judge