Republican U.S. senators, including Florida’s Rick Scott, have pledged to show up for congressional votes for future federal judges in the wake of Gov. Ron DeSantis’ criticism that recent absences led to the confirmation of a “leftist” appeals court judge.
The controversy over the nomination and confirmation of federal judges comes during President Biden’s final weeks in office. On Nov. 18, five Republican senators, including Florida’s Marco Rubio and Ohio’s J.D. Vance, were no-shows during a 49-45 vote confirming nominee Embry Kidd to serve on the 11th Circuit Court of Appeals.
“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,” DeSantis said in a post on X, formerly Twitter. “Now, the leftist judge will have a lifetime appointment and the people of Florida, Alabama and Georgia will suffer the consequences.”
Conservative groups say the senators have gotten the message not to miss crucial Senate votes on judicial nominees.
“Embry Kidd is a radical, yet he was confirmed to a lifetime position on the 11th Circuit with only 49 Democrat votes,” Carrie Severino, president of the advocacy group JNC, or Judicial Crisis Network, told the Florida Record in an email. “I’m glad that Republican senators are united and committed to showing up to vote in the coming weeks because some of the worst and most extreme nominees are still awaiting confirmation precisely because they didn't have adequate support.”
Other lawmakers disagreed with the Republicans’ characterization of Kidd. Democrat Kathy Castor, a Florida congresswoman, called Kidd a distinguished jurist with prosecutorial experience and strong ties to Florida.
“From his time as a highly respected federal prosecutor to his service as a magistrate judge from central Florida, he has earned a stellar reputation for his intellect, fairness and dedication to the law,” Castor said in a prepared statement. “His confirmation to the 11th Circuit is a win for the rule of law and for all those who seek justice in our courts.”
Kidd, who was rated well-qualified by the American Bar Association, graduated from Yale Law School in 2008 and has served as a private attorney in Washington, D.C., assistant U.S. attorney in the Middle District of Florida, magistrate judge in the Middle District of Florida and has written more than 13,700 decisions, according to the Congressional Record.
Kidd will be only the fourth Black judge to serve on the 11th Circuit since the circuit was established in 1981, according to Castor’s Office. About 9 million African Americans live in the three-state region served by the 11th Circuit.
Scott stressed in a recent media interview that Republican senators are now committed to showing up for judicial votes and blocking Biden-nominated judges.
“It’s disappointing that Embry Kidd got through, he’s going to be a radical appeals court judge, and it’s going to be too bad for all the states … impacted by him,” Scott said. “But I think we’re all going to show up, and we’re going to do everything we can to block them.”
Another conservative commentator, Mike Davis, founder of the Article III project, said Biden is “jamming through bottom-of-the-barrel radical left-wing judges” in the wake of Republican electoral victories on Nov. 5.
“If these Senate Republicans cannot even show up to vote, let alone debate for four hours on each judge, why should we vote for these deadbeat senators?” Davis said.