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Republican lawmakers faced intense backlash for their failure to prevent Kidd’s confirmation, with several senators absent during the critical vote. Among the missing Republicans were Mike Braun (R-IN), Steve Daines (R-MT), Bill Hagerty (R-TN), Marco Rubio (R-FL), and J.D. Vance (R-OH).
Adding to the drama, West Virginia Senator Joe Manchin, an Independent, broke ranks to vote against Kidd, while Democrat Senator John Fetterman (D-PA) was also absent. These absences handed the Biden administration yet another judicial victory, angering conservatives nationwide.
Critics have been quick to highlight Embry Kidd’s controversial history on the bench. Conservative commentator Matt Whitlock condemned the confirmation and the GOP absences that allowed it, stating:
“This nominee has written that laws against child rape are racist. He hid two previous decisions where he gave lenient sentences to child predators from the Senate. Now he has a lifetime judgeship—replacing a potential Trump nominee—because Republicans didn’t bother to show up.”
Florida Governor Ron DeSantis echoed these sentiments, taking to X (formerly Twitter) to denounce the outcome:
“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. Now, the leftist judge will have a lifetime appointment and the people of FL, AL and GA will suffer the consequences.”
Adding to the political stakes, Governor DeSantis now faces another critical decision as Senator Marco Rubio is expected to resign to take on the role of Secretary of State in the incoming Trump administration. DeSantis confirmed Monday that he has already received “strong interest” from potential candidates to fill Rubio’s soon-to-be-vacant seat.
“Florida deserves a Senator who will help President Trump deliver on his election mandate, be strong on immigration and border security, take on the entrenched bureaucracy and administrative state, reverse the nation’s fiscal decline, be animated by conservative principles, and has a proven record of results,” DeSantis said.
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With Rubio’s resignation set to take effect in January, the governor’s choice could shape the Senate landscape as the Republican Party gears up for a potential return to the White House.
The confirmation of Embry Kidd highlights a broader concern for conservatives: the importance of unity and presence in pivotal Senate votes. As the GOP strategizes for future judicial battles and legislative priorities, the stakes couldn’t be higher.
This episode serves as a stark reminder of the consequences of political absenteeism, as conservatives rally to ensure their voices are heard and their values upheld in the judicial system.




