Facing a wall of anti-Trump rulings from Democrat-appointed judges, Republicans took the first steps on Wednesday to rush reinforcements to the federal courts.
As the Senate Judiciary Committee held a hearing on a slate of President Trump’s nominees, including his first circuit court appointment of the second term, Democrats demanded answers on whether they would be willing to blunt his actions.
On the other side, Republicans wanted to know if the nominees would curtail the use of nationwide injunctions that have plagued Mr. Trump’s agenda.
Whitney Hermandorfer, Mr. Trump’s first appeals court nominee this term, appeared before the panel for her confirmation hearing, but she largely fielded questions from lawmakers on the rule of law, which advocates from both sides of the aisle have claimed is under attack by the president or by judges hostile to the Trump agenda.
Some of the focus during the more than three-hour hearing was over whether court orders should be followed, about nationwide injunctions blocking executive orders and on the president’s criticism of some judges who have ruled against him.
“You are the very first appellate court nominee put forth by President Trump in this administration,” Sen. Ted Cruz, Texas Republican, told Ms. Hermandorfer, who is nominated to the 6th U.S. Circuit Court of Appeals.
Mr. Cruz said Democrats tried to nominate a woman to the seat but Republicans blocked her after it was discovered she was affiliated with a Marxist organization and called to abolish the police and ICE.
“Now under President Trump, we are restoring judges who respect the Constitution and the rule of law to the bench,” Mr. Cruz said.
Ms. Hermandorfer clerked for Justice Brett M. Kavanaugh when he was on the D.C. Circuit Court of Appeals and also for Justice Samuel A. Alito Jr. and Justice Amy Coney Barrett on the Supreme Court.
Ms. Hermandorfer led her college basketball team and also went on to work for the Tennessee attorney general’s office.
The top Democrat on the committee, meanwhile, quizzed the nominee about whether court orders should be followed, as the Trump administration has been accused of ignoring orders from judges blocking the president’s immigration and deportation agenda.
“Is the executive branch required to follow the orders of a federal court?” Sen. Richard J. Durbin, Illinois Democrat, asked.
Sen. Amy Klobuchar, Minnesota Democrat, said the White House is reportedly looking at whether it can suspend the writ of habeas corpus, which calls for a person to appear before a judge over a detention.
She asked the nominee if only Congress can suspend that — a question Ms. Hermandorfer dodged, noting it could come before her as a judge.
“That is an issue that is under active consideration,” she said. “It would not be appropriate for me to pass on the validity of any such arguments.”
Sen. Chris Coons, Delaware Democrat, said Ms. Hermandorfer has been out of law school for only a decade, suggesting she lacks experience to be a circuit court nominee. He also quizzed her on requiring bonds as part of challenges looking for nationwide injunctions. It’s a move the Trump administration has called for to require those challenging executive policies to put up financially before a policy can be blocked across the country.
But Sen. Ashley Moody, Florida Republican, said the American public is concerned about the issuance of nationwide injunctions against Mr. Trump’s agenda.
“It is so important that we have judges who understand the importance of that and can rule on it quickly so an executive’s hands are not tied for four years, so they can do what they promised to do for the American people,” she said.
For her part, Ms. Hermandorfer promised to follow the Constitution — and not be loyal to the president who appointed her.
“You have to model civility the most when you are in a hot-button situation,” she said.
During Mr. Trump’s first administration, he was able to flip at least three circuit courts from a majority of Democratic appointees to a majority Republican.
He saw three Supreme Court appointments, 54 circuit court appointments and 174 district court appointments during his first term.
Four district court nominees for Missouri also appeared before the panel on Wednesday: Maria Lanahan, Cristian Stevens and Zachary Bluestone, all for the Eastern District, and Joshua Divine for the Eastern and Western districts.
