US Senate Approves First Appellate Judge Nominated by President Biden After Election
Embry Kidd has been confirmed to the U.S. Court of Appeals for the 11th Circuit.
U.S. senators confirmed President Joe Biden’s nominee, U.S. Magistrate Judge Embry Kidd, in a 49–45 vote. The confirmation marked the first appellate judge appointed by Biden after the November election.
Democrats and independents who caucus with them supported Kidd’s confirmation, while all Republicans present voted against the nominee.
Senators 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 cast their votes.
Despite GOP absence, Democrats utilized their majority in the Senate to confirm judicial nominees without bipartisan support. However, a majority of present senators or a tie is essential for confirmation. If all Republicans had voted against Kidd, and Fetterman had not been present, the nomination could have been blocked.
Florida Governor Ron DeSantis criticized the confirmation, stating that Republicans could have prevented it by showing up for the vote.
Embry Kidd has served as a magistrate judge in the U.S. District Court for the Middle District of Florida since 2019, with prior experience as an assistant U.S. attorney and a clerk for U.S. Circuit Judge Roger L. Gregory.
Sen. Dick Durbin (D-Ill.), chair of the Senate Judiciary Committee, commended Kidd’s qualifications for the federal bench.
During the confirmation hearing, Kidd addressed concerns about an article where he was mentioned for discussions related to racialized child rape laws. Kidd distanced himself from the views expressed in the paper and assured he would abide by the law if confirmed.
Kidd fills the vacancy left by U.S. Circuit Judge Charles Wilson’s transition to senior status, becoming Biden’s 45th circuit court nominee approved by the Senate.
The Senate is set to vote on more of Biden’s nominees before Trump’s second term inauguration in January 2025. Biden’s first appellate nominee to be confirmed post-election was previously approved by the Senate, following three other nominees.
Other judicial nominees also received Senate approval, with senators Collins, Murkowski, Cornyn, Cramer, Crapo, Risch, Romney, Tillis, and Young offering their support.
Several senators exiting office next year, like Romney, contributed to the confirmation votes, while others like Vance are transitioning to different roles.
