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Tillis’s message was clear—this was not the time for distractions. “I don’t care what the reasons were. We have fewer than 15 scheduled legislative days. You have to show up. Period. End of story. There’s nothing more important,” he added. His words captured the gravity of the moment, and the consequences of Republicans not fully engaging in the battle over judicial appointments.
Louisiana Senator John Kennedy, known for his sharp wit, echoed Tillis’s concerns but with even more pointed criticism. Kennedy expressed his level of frustration on an emotional scale, stating it was “on a scale of 1 to 10, a 12.” His frustration stemmed not only from the absence of fellow Republicans but also from what he saw as the lack of qualification in many of Biden’s nominees.
Kennedy didn’t hold back, taking aim at the nominees, particularly those for the appeals courts. “Because a number of President Biden’s nominees, particularly at the courts of appeal, they think they’re qualified to be a federal judge if they’ve seen ‘My Cousin Vinny,’ and I don’t agree with them,” Kennedy said, referencing the famous comedy film. The Louisiana Senator went further, calling out the poor performance of the nominees in committee, comparing them to legendary justices: “None of them were Oliver Wendell Scalia,” he said, combining the names of Supreme Court Justices Oliver Wendell Holmes and Antonin Scalia.
Despite Kennedy’s frustration, there was a missed opportunity for Republicans to prevent Biden’s judicial picks from advancing. One of the most contentious nominations was that of Magistrate Judge Embry Kidd, who was confirmed to the 11th Circuit Court of Appeals. Kidd’s confirmation had been under scrutiny due to his previous rulings in child sex abuse cases, where higher courts had overturned his lenient decisions.
Had all Republicans shown up, Kidd’s nomination would have been defeated, thanks to a critical “no” vote from independent Sen. Joe Manchin, coupled with the absence of Pennsylvania Sen. John Fetterman. The absence of these key senators during the vote played a pivotal role in allowing Biden’s nominee to pass, much to the dismay of conservatives.
Florida Governor Ron DeSantis was quick to call out the failure of Republican senators, posting a scathing message on X (formerly Twitter), criticizing the GOP for letting this moment slip away. DeSantis didn’t mince words, urging the Republican leadership to take action before more damage could be done.
Donald Trump, whose influence looms large over the GOP, also weighed in. On Tuesday, Trump issued a stern warning, posting on social media: “Show Up and Hold the Line.” He urged Republicans not to allow any more judicial nominees to be confirmed before Inauguration Day. Trump’s message was clear: the fight for the future of the judiciary was too important to let slip by.
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In response, J.D. Vance, who had been absent during the vote, quickly returned to the Capitol, casting his vote within an hour of Trump’s social media post going live. However, as is often the case in politics, the damage had already been done.
By the time Vance returned, the Senate had already approved several of Biden’s nominees. “We had some of these judges killed dead as Woodrow Wilson, and our vote wasn’t here,” Kennedy lamented, referring to the missed opportunity. “We had people not here to vote, and I’m not going to bubblewrap it. There’s no excuse for that. Our job is to be here and vote.”
As Republicans face the fallout from this critical failure, it’s clear that their absence in the Senate this week has had far-reaching consequences. With Biden’s judicial legacy on the line, the GOP’s inability to show up has allowed him to stack the courts with liberal judges who could shape American law for decades to come. It’s a bitter lesson for the party: in the fight for America’s future, every vote counts, and sitting out is simply not an option.
