US Senate Confirms 1st Appellate Judge Nominated by Biden Since Election

U.S. Magistrate Judge Embry Kidd in an image from video, in Washington on June 5, 2024. U.S. Senate via The Epoch Times

U.S. senators on Nov. 18 confirmed for the first time since the November election an appellate judge nominated by President Joe Biden.

In a partisan 49–45 vote, the Senate confirmed U.S. Magistrate Judge Embry Kidd to the U.S. Court of Appeals for the 11th Circuit.

All Democrats who voted, and the handful of independents who caucus with the Democrats, confirmed Kidd. All Republicans present voted against the nominee.

Sens. Mike Braun (R-Ind.), Steve Daines (R-Mont.), John Fetterman (D-Pa.), Bill Hagerty (R-Tenn.), Marco Rubio (R-Fla.), and JD Vance (R-Ohio) did not vote.

Because Democrats hold control of the Senate, the party can confirm judicial nominees without any Republican votes. But confirmation only comes with a majority of senators present or a tie. If all the Republicans had shown up to vote no, and Fetterman had still not been present, Republicans could have blocked the nomination.

“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,” Florida Gov. Ron DeSantis wrote on the social media platform X.

Kidd has served as a magistrate judge on the U.S. District Court for the Middle District of Florida since 2019. Magistrate judges are selected by other judges.

His previous work experience includes roles as an assistant U.S. attorney in central Florida and clerking for U.S. Circuit Judge Roger L. Gregory.

“Judge Kidd’s experience in private practice and public service, in addition to his experience as a magistrate judge, has prepared him to serve with distinction on the federal bench,” Sen. Dick Durbin (D-Ill.), chairman of the Senate Judiciary Committee, said in a statement.

During his confirmation hearing, Kidd was pressed by several senators about an article in which he was thanked for engaging in conversations that shaped the article. The 2007 paper said child rape laws were “racialized.”

Kidd said he did not recall the conversations and did not share the paper’s views. He said if he were confirmed, he would “follow any laws that are in place with regard to rape or whatever the issue happens to be.”

The vacancy that will be filled by Kidd arose when U.S. Circuit Judge Charles Wilson, appointed under President Bill Clinton, said he was shifting to senior status or semi-retirement.

Kidd is Biden’s 45th nominee to be approved for a circuit court. President Donald Trump, in his first term, saw the Senate confirm 54 of his appellate nominees.

Overall, senators confirmed 234 of Trump’s judicial nominees and have confirmed 216 of Biden’s judicial nominees.

The Senate plans to vote on 16 of Biden’s nominees in the coming weeks before Trump is sworn in for his second term.

Biden will remain president until Jan. 20, 2025, when Trump’s inauguration is slated to take place.

Kidd is Biden’s first appellate nominee to receive confirmation since Trump won the Nov. 5 election over Vice President Kamala Harris, the president of the Senate. The Senate, between the election and the vote on Kidd, approved three other nominees.

April Perry received 51 votes to be a U.S. District Judge for the Northern District of Illinois, including support from Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska).

Jonathan Hawley received 50 votes to be a U.S. District Judge for the Central District of Illinois, including support from Murkowski.

Cathy Fung received 59 votes to be a judge of the U.S. Tax Court, including support from Sens. Collins, John Cornyn (R-Texas), Kevin Cramer (R-N.D.), Mike Crapo (R-Idaho), Murkowski, James Risch (R-Idaho), Mitt Romney (R-Utah), Thom Tillis (R-N.C.), and Todd Young (R-Ind.).

Some of the senators who cast votes, including Romney, are poised to leave office in January as they opted not to run for another term. Vance, the vice president-elect, is among those who are entering a different office.