Senate Republicans faced criticism over several vote absences this week that allowed Democrats to confirm judges or agree to end debate on nominees that otherwise could have been blocked if each of the missing GOP lawmakers were there.
One particularly crucial vote was on Monday for a lifetime appointment to the 11th U.S. Circuit Court, a coveted appeals court slot to which Democrats did not have the votes to confirm President Biden’s nominee, since outgoing Sen. Joe Manchin, I-W.Va., voted against.
However, since Sens. Mike Braun, R-Ind., Steve Daines, R-Mont., Bill Hagerty, R-Tenn., JD Vance, R-Ohio, and Marco Rubio, R-Fla., did not vote, the nominee was confirmed by 49 votes to 45 votes.
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“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,” wrote Gov. Ron DeSantis, R-Fla., on X. “Now, the leftist judge will have a lifetime appointment and the people of FL, AL and GA will suffer the consequences.”
Mike Davis, the former chief counsel for nominations to former Senate Judiciary Chairman Chuck Grassley, R-Iowa, told Fox News Digital, “A senator’s only job is to show up and vote.”
“President Biden is jamming through bottom-of-the-barrel radical left-wing judges for lifetime appointments to the federal bench after the American people voted for dramatic change. Senate Republicans must do everything they can to stop this lame-duck conveyor belt of radicals. But 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 is also founder and president of the Article III Project.
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A senior Senate source confirmed to Fox News Digital that there was irritation among the Republican conference about their colleagues’ absences. The most vocal about it was Sen. Thom Tillis, R-N.C., they said.
In a statement, Vice President-elect Vance said, “As a co-chairman of the transition, it’s vital that I’m focused on making sure President Trump’s government is fully staffed with people who support his America First agenda and will be ready to hit the ground running on January 20th.”
“However, it’s also important to me to do everything in my power to block more radical judges from getting confirmed. So while it may be outside of the norm for an incoming VP to take Senate votes in the lame duck period, if my colleagues here in the Senate tell me that we have a real chance of beating one of these nominees, I’ll move heaven and earth to be there for the vote,” he added.
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In a separate statement, Brian Hughes, Trump-Vance Transition spokesman said, “We cannot allow Chuck Schumer to play games with the transition’s ability to staff the incoming administration. Under no circumstances should we allow radical left judges to be jammed through the Senate at the 11th hour, but the Vice President-elect is needed for the transition to continue working ahead of schedule.”
Vance is notably the first senator in over a century to vote on a judicial nomination after being elected to be vice president.
The vice president-elect was at the Capitol during the latter part of the week facilitating meetings between senators and Trump selections for key administration posts.
Vance was in attendance for pivotal votes on Wednesday, while some Republicans were still absent.
A spokesperson for Daines pointed Fox News Digital to an X post from the senator, in which he detailed travel issues he ran into on his way to Washington, D.C. “Runway closed due to ice, then prolonged de-icing, then a medical emergency…then Delta flight attendants timed out. Landed DC at 10 pm and voting until ~ midnight,” he said.
Daines’ office said he went immediately to the Senate floor to vote once he finally landed in the capital.
The offices of Braun, Hagerty and Rubio did not provide comment to Fox News Digital in time for publication. Rubio was recently selected by Trump to be his nominee for Secretary of State.
While the circuit court confirmation was the most important vote that GOP absences helped to advance, it wasn’t the only case of it happening this week.
Braun, Hagerty, Vance, Rubio and Sens. Kevin Cramer, R-N.D., and Ted Cruz, R-Texas were absent for a vote on a district court nominee on Tuesday that was ultimately confirmed, despite Manchin opposing and Democrats not otherwise having enough votes.
Cruz was in Texas on the day of the vote with Trump and billionaire Elon Musk for the launch of a SpaceX rocket. The senator is the soon-to-be chairman of the Senate Committee on Commerce, Science, and Transportation and told reporters this week that space legislation “will be a significantly higher priority of the full committee.”
He cited his trip to the launch, saying, “My number-one priority is jobs. And commercial space generates tens of thousands of jobs across Texas and across the country.”
Cramer’s office did not provide comment in time for publication.
On Wednesday, both Cruz and Braun missed another district judge confirmation that Manchin opposed, handing Majority Leader Chuck Schumer, D-N.Y., and Biden another accomplishment.
Braun further missed another Wednesday vote on a district judge that was opposed by outgoing Sen. Kyrsten Sinema, I-Ariz., allowing the nominee to be confirmed.
On Wednesday, Tillis spoke on the Senate floor on the subject. “Schumer’s trying to ram through Biden’s liberal judicial nominees. We can block some of them, but it requires ALL GOP senators to be here. VP-elect [Vance] is a busy man right now, but he’s still here on the Senate floor holding the line, and so should all of our GOP colleagues,” he wrote on X.
The outgoing Indiana senator returned on Wednesday evening before Republicans managed to make a deal with Schumer on further judicial confirmation votes, securing four vacancies on valuable circuit courts for Trump in exchange for allowing votes on a number of district court judges without further stalling.
One GOP senator told Fox News Digital that Senate Minority Whip John Thune, R-S.D., who was recently elected to be the next GOP Senate leader, applied pressure to absent senators such as Vance, Rubio and Braun, which resulted in the ultimate deal with Schumer.
A senior Senate Republican source familiar told Fox News Digital that Thune underscored the importance of attendance at the GOP conference, especially concerning judicial confirmation votes.
