Senator Baldwin Faces Dilemma on Homestate Circuit Nominee

Sen. Tammy Baldwin (D-Wis.) is reserving her judgment on President Donald Trump’s appeals court pick to serve in her state.

Baldwin was notably absent from Rebecca Taibleson’s confirmation hearing Wednesday when Sen. Ron Johnson (R-Wis.) introduced the nominee for the US Court of Appeals for the Seventh Circuit.

The Midwest Democrat faces a tough dilemma: support Taibleson and face backlash from progressives who’ve urged Senate Democrats not to enable Trump’s judicial appointment agenda this term, or reject the nomination and the non-partisan process by which Taibleson was chosen.

Taibleson, a federal prosecutor and former clerk to Justice Antonin Scalia and DC Circuit clerk to Brett Kavanaugh, was on a list of suggestions compiled by a bipartisan commission created by the Wisconsin senators and forwarded to the president. Each senator selects three members of the committee to serve for a total of six. Many senators use local merit-based judicial selection panels that vet and recommend potential nominees to the White House.

While the commission itself is bipartisan, it’s up to each senator whether to support who’s chosen from the suggestions. Baldwin urged the White House to select from the list and respect their process.

Baldwin declined to comment on what could assuage any potential concerns about the nomination. “The committee did a thorough review, and I’m still reviewing,” Baldwin said Thursday.

Vote Ramifications

There’s no urgency for Baldwin to make her position known. Appeals court nominees no longer require home-state senator support to advance, which is why Taibleson was allowed a hearing before the Senate Judiciary Committee with only one Wisconsin senator’s affirmative support.

The consequences of a ‘yes’ vote could be immediate from the left. Sen. Peter Welch (D-Vt.) faced criticism from Demand Justice, a progressive judicial advocacy group, for his vote to promote a federal magistrate judge in Florida to a district judgeship. Sen. Angus King (I-Maine), who caucuses with Democrats, faced similar criticism for voting to confirm Missouri’s solicitor general, then Joshua Divine, to a judgeship.

“Any person who believes in the critical importance of reproductive rights would not vote to put an anti-abortion extremist in a lifetime position on the federal bench. The Senator owes his constituents an explanation—whatever that may be,” Demand Justice interim director Maggie Jo Buchanan said in a statement at the time.

King said shortly after he regrets his vote. Welch stands by his decision.

Progressive groups haven’t spoken out in advance on Baldwin’s involvement in the nominations process. Demand Justice didn’t respond to multiple requests for comment, and Alliance for Justice declined to comment.

As for electoral consequences for Baldwin, “there is little apparent risk,” said University of Wisconsin-Madison political science professor Barry Burden. After winning reelection in 2024, Baldwin wouldn’t face voters again until 2030.

Sen. Amy Klobuchar (D-Minn.) saw her support for Trump’s appeals court judges, including Judge Davis Stras for an Eighth Circuit seat in her state, haunt her 2020 presidential bid.

Democrat Defense

So far, the most aggressive opposition to Taibleson has come from the right. Conservative leaders have urged the president to withdraw Taibleson, and Senate Republicans to reject her nomination, because they fear she may “secretly be a closet liberal,” Sen. Ted Cruz (R-Texas) said at her confirmation hearing when addressing the opposition.

They’ve targeted the political donations of her and her husband, and accused their family’s synagogue and the rabbi who officiated her wedding of being politically liberal.

Republicans at Taibleson’s hearing gave limited attention to her conservative critics. And the pushback drew a rebuke from the Senate Judiciary panel’s top Democrat, Dick Durbin, who criticized the perceived attack on Taibleson’s religious practice.

“They’re ignoring the very basics of our Constitution,” Durbin said.