The U.S. Senate narrowly confirmed Embry Kidd to the U.S. Court of Appeals for the Eleventh Circuit on Monday with a tight 49-45 vote.
Kidd, a federal magistrate judge with a controversial track record, now holds a lifetime position on the appeals court that oversees cases in Alabama, Florida, and Georgia.
His appointment fills the vacancy left by Judge Charles Wilson, a Clinton appointee who recently assumed senior status.
This confirmation comes after the contentious approval of Nancy Abudu, a former attorney for the Southern Poverty Law Center, in 2023. The timing of Kidd’s appointment is particularly significant, as four other federal appellate nominees—Julia Lipez (First Circuit), Adeel Mangi (Third Circuit), Ryan Park (Fourth Circuit), and Karla Campbell (Sixth Circuit)—are awaiting Senate approval. These confirmations may hinge on the final days of President Biden’s term with a Democratic majority in the Senate, according to LAW.com.
Republican Absences Spark Criticism
Several Republican senators were absent during the vote, drawing criticism for failing to block Kidd’s confirmation. Notable absences included:
- Mike Braun (R-IN)
- Steve Daines (R-MT)
- Bill Hagerty (R-TN)
- Marco Rubio (R-FL)
- J.D. Vance (R-OH)
Additionally, West Virginia Democrat Joe Manchin (I-WV) opposed Kidd, while John Fetterman (D-PA) did not attend. These absences provided President Biden with yet another judicial victory.
Conservative commentator Matt Whitlock strongly criticized the Republicans’ no-shows, stating:
“This nominee has written that laws against child rape are racist. He concealed two previous cases where he issued lenient sentences to child predators from the Senate. Now, he has a lifetime judgeship—taking the place of a potential Trump nominee—because Republicans failed to show up.”
“This judge, aligned with leftist views, could have been rejected, and the critical 11th Circuit seat would likely have been filled by Donald Trump next year—if Republicans had shown up. Now, this judge has a lifetime appointment, leaving the people of Florida, Alabama, and Georgia to face the consequences.”
Florida Governor Ron DeSantis is preparing for a significant decision following President-Elect Donald Trump’s nomination of Senator Marco Rubio as Secretary of State. On Monday, DeSantis confirmed that he has already received “strong interest” from several candidates eager to fill Rubio’s Senate seat. Rubio is expected to step down from his Senate role once he assumes his new position in the Trump administration on January 20th, leaving a critical vacancy.
“Senator Marco Rubio is anticipated to resign from the Senate to take on his duties as Secretary of State under the Trump administration, creating a vacancy about two months from now,” DeSantis stated.
“We have already received significant interest from numerous candidates. Currently, we are gathering additional names and conducting preliminary evaluations. Over the next few weeks, we will proceed with more in-depth vetting and interviews, aiming to finalize a selection by early January.
Florida deserves a Senator who will support President Trump’s mandate, prioritize immigration and border security, tackle the entrenched bureaucracy, address the nation’s fiscal challenges, uphold conservative principles, and demonstrate a proven track record of delivering results.”