Senate Republicans voted late Monday to confirm Justin Smith, one of President Donald Trump's personal attorneys, to a lifetime seat on the U.S. Court of Appeals for the Eighth Circuit. The 48-43 vote largely fell along party lines, with only Republican Senator Lisa Murkowski of Alaska joining Democrats in opposition. Nine senators were absent, including five who caucus with Democrats, potentially enough to block confirmation if all had been present.
Smith's Background and Role
Smith, 41, is best known for representing Trump in his presidential immunity case before the Supreme Court and in the sexual assault and defamation case brought by journalist E. Jean Carroll. He continued representing Trump even after being nominated to the bench in March. The Eighth Circuit oversees appeals from federal district courts in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.
Controversial Hearing Testimony
During his Senate confirmation hearing in April, Smith refused to say whether he would recuse himself from cases involving the president. He also dodged questions about who won the 2020 presidential election, a standard query that many of Trump's judicial nominees have avoided. Senator Richard Blumenthal (D-Conn.) pressed Smith repeatedly, calling his evasive answers "ridiculous if not pathetic." Smith eventually deflected by referencing the Electoral College process.
Support from Senator Schmitt
Senator Eric Schmitt (R-Mo.), who recommended Smith for the seat, praised the confirmation. Schmitt noted Smith's previous roles as his chief of staff and assistant attorney general, stating that Smith "understands our part of the country, our legal tradition, and the proper role of a judge."
Pattern of Trump Attorney Nominations
Smith is the second of Trump's personal attorneys confirmed to the federal bench since January 2025. The first, Emil Bove, now serves on the Third Circuit. Bove previously worked as a Justice Department lawyer and was recorded telling federal attorneys to defy court orders. Another Trump lawyer, Matthew Schwartz, awaits confirmation to the Second Circuit.
Senator Dick Durbin (D-Ill.), the top Democrat on the Judiciary Committee, condemned Smith's nomination, emphasizing the conflict of interest from his ongoing representation of Trump. "These are lifetime appointments which have to be given to people who have been carefully scrutinized. We have not done that when it comes to Mr. Smith," Durbin said.
Alison Gill of the National Women's Law Center called Smith "corrupt" and "dangerous for our democracy," citing his arguments for presidential immunity even for civil offenses like defamation. "Clearly, Smith was nominated to the Eighth Circuit because he has shown a willingness to prioritize the president's interests over the law," Gill stated.
