Trump picks federal judge three years after failed nomination

President Donald Trump has announced his intention to nominate Chad Meredith for a federal judgeship in Kentucky, a move that could reignite a contentious battle with Senator Rand Paul, who previously opposed the appointment.

Meredith, a former state solicitor general, was at the centre of a judicial nominations controversy during the Biden administration.

Then-President Joe Biden had reportedly agreed to nominate Meredith, who was enthusiastically supported by Senator Mitch McConnell.

The prospect was met with significant concern, given Meredith's track record of defending Kentucky’s anti-abortion laws, particularly in the immediate aftermath of the 2022 Supreme Court decision that eliminated the constitutional right to abortion.

However, Senator Paul signalled to the Biden White House that he would block Meredith’s confirmation proceedings, leading the then-President to never formally put forward his name.

Biden’s decision to withdraw from the nomination was a relief to Democrats and abortion rights groups, who had expressed outrage at the idea of an anti-abortion lawyer securing a lifetime judiciary seat.

Mr. Trump's renewed push for Meredith sets the stage for a potential repeat of the earlier confirmation dispute, with Senator Paul's past opposition looming large.

In a social media post announcing the nomination, Trump called Meredith “highly experienced and well qualified.”

“Chad is a courageous Patriot who knows what is required to uphold the Rule of Law, and protect our Constitution,” Trump wrote on Truth Social Wednesday night.

McConnell said in a statement Wednesday that Trump made an “outstanding choice” in choosing Meredith, who also served as chief deputy general counsel for former Kentucky Gov. Matt Bevin.

“His demonstrated devotion to the rule of law and the Constitution will serve the people of Kentucky well on the federal bench,” McConnell said. “I look forward to the Senate confirming his nomination.”

Paul’s office did not immediately return a request for comment Wednesday night on the nomination. Three years ago, Paul accused McConnell of cutting a “secret deal” with the White House as a reason why Meredith’s nomination never moved forward under Biden.

“Unfortunately, instead of communicating and lining up support for him, Senator McConnell chose to cut a secret deal with the White House that fell apart,” Paul said at the time.

Paul never made any substantive objections about Meredith himself. It’s unclear whether Paul would hold similar process concerns with Meredith’s formal nomination under Trump.

But Paul had effective veto power over a judicial pick in his home state because the Senate continues to honor the so-called blue slip rule, a decades-old custom that says a judicial nominee won’t move forward if there is opposition from his or her home-state senator.

The Biden White House also deferred to that custom, which is why Biden never ended up nominating Meredith.

Though the rule has been eroded in part, namely for appellate court judges whose seat spans several states, the custom has remained intact for district court nominees who are more closely tied to their home states. Senate Judiciary Committee Chairman Charles Grassley, R-Iowa, has so far made no indication that he would deviate from that longstanding custom.

Lena Zwarensteyn, senior director of the fair courts program and an adviser at The Leadership Conference on Civil and Human Rights, criticized Trump's selection of Meredith given his “disturbing anti-abortion record."

“The nomination of Chad Meredith to a lifetime judgeship should trouble everyone,” Zwarensteyn said.