President Donald Trump will have the opportunity to nominate another judge to a key federal appeals court after one of the judges announced this week that he would take senior status.
Circuit Judge Kurt Engelhardt, who was nominated to the 5th Circuit Court of Appeals by Trump in 2018, told the White House in a letter on Tuesday that he intends to step back from regular duties and take the reduced caseload that comes with being a senior judge as soon as the end of the year. Fifth Circuit Clerk of Court Lyle Cayce confirmed to the Washington Examiner that Engelhardt had informed the White House of his decision. Engelhardt’s decision to take senior status was reported by Bloomberg Law.
“Judge Englehardt advised the President that he would take senior status on December 31, 2026, or upon the confirmation of his successor, whichever is later,” Cayce said in an email to the Washington Examiner. “The letter indicated Judge Engelhardt intends to continue to render substantial judicial service as a senior judge.”
Engelhardt was nominated to the 5th Circuit by Trump after previously serving as a judge on the U.S. District Court for the Eastern District of Louisiana, to which he was nominated by then-President George W. Bush in 2001. Engelhardt was one of two judges Trump nominated during his first term who are eligible to take on senior status, with 8th Circuit Judge Ralph Erickson announcing his decision to the form of semi-retirement earlier this year.
Trump has already nominated six of the 17 judges serving on the 5th Circuit, including Engelhardt, and will get the chance to pick another judge for the federal appeals court, which has become a frequent stop for cases making their way to the Supreme Court in recent years. The president’s six picks serving on the 5th Circuit were all made during his first term, meaning a replacement for Engelhardt would be his first nomination for the appeals court during his second term.
Of the 58 cases the Supreme Court heard this term, 11 came from the 5th Circuit. The 5th Circuit had more cases appealed up to the Supreme Court than the other 12 circuits this term, and it already has two cases slated for argument in the high court’s next term.
TRUMP SLOW-ROLLING CABINET NOMINATIONS AHEAD OF MIDTERM ELECTIONS
While judicial nominations were a key part of Trump’s first term, including three key picks for the Supreme Court, the president’s second term has featured fewer confirmations and nominations after the aggressive pace set during the first.
As the midterm elections approach, control of the Senate could change after November, making the coming months critical for Trump and the GOP-led Senate to confirm the president’s judicial picks to federal benches across the country.