
President Donald Trump is moving to nominate James Sullivan, the Texas Supreme Court justice voters ousted on Tuesday, to a lifetime seat on the federal bench, according to US Senate records made public on Thursday. The move would hand Sullivan, 45, a federal judgeship in Austin just days after Texans rejected his bid to keep his seat on the state’s highest court, and it sets up a confirmation fight in the Senate’s lame-duck session, in the final weeks before Democrats take control in January.
The nomination has not been formally announced. But the Republican-led Senate Judiciary Committee has already received the paperwork to consider Sullivan for a seat on the US District Court for the Western District of Texas, a sign the administration intends to move quickly while Republicans still hold the Senate.
Senate records made public Thursday show the Trump administration is moving to nominate Sullivan to the federal bench in Austin. The Republican-led Senate Judiciary Committee has received the paperwork to begin considering him, including a questionnaire in which Sullivan acknowledged his failed re-election bid. Such questionnaires are submitted by the US Department of Justice, and the Trump administration has at times submitted them before nominations are officially announced.
The White House and Sullivan did not immediately respond to requests for comment, according to Reuters, which first reported the move. The timing is no accident: the nomination will be taken up in the lame-duck session, before Democrats take control in January. Republicans are racing to confirm nearly two dozen pending nominees, and Senator Chuck Grassley of Iowa, the committee’s outgoing chair, has scheduled nomination hearings in consecutive weeks starting November 10, departing from the panel’s usual every-other-week practice.
Sullivan was appointed to the Texas Supreme Court in January 2025 by Republican Governor Greg Abbott. Less than two years later, voters declined to keep him there. He lost Tuesday to Chari Kelly, and Abbott himself lost re-election Tuesday to Democrat Gina Hinojosa. Democrats won all four Texas Supreme Court seats on the ballot, shrinking the Republican majority on the nine-member court to 5-4.
Sullivan’s campaign website had touted him as “bold,” “relentless,” and “conservative.” The federal post would be a different kind of appointment: a seat on the US District Court for the Western District of Texas carries life tenure, and the court handles major federal cases across a large swath of Texas. Trump made 234 judicial appointments in his first term, including three Supreme Court justices, shifting the federal judiciary’s balance to the right.
The Sullivan nomination is a test of how much Republicans can still get done in the lame-duck session. With Democrats set to take control of the Senate in January, every confirmation the Republican majority completes now is one the incoming majority cannot block. That is why the schedule matters: Grassley’s consecutive-week hearings starting November 10 break with the committee’s usual rhythm and are designed to move as many nominees as possible before the clock runs out. Sullivan’s case carries an extra charge: he is a judge voters have just rejected. Democrats are likely to argue that elevating him to a lifetime post within days of the election defies the voters’ verdict; Republicans will counter that voters rejected him for a state court, not the federal bench.
Neither the White House nor Sullivan has commented publicly. The White House and Sullivan did not immediately respond to requests for comment, leaving the formal announcement and any statement from the nominee still to come.
Grassley’s scheduling decision speaks for itself: hearings in consecutive weeks from November 10 signal the committee will work at an unusual pace despite Democratic objections. Sullivan’s own questionnaire wording was spare, noting his candidacy had been “unsuccessful.” No Democrat has yet publicly opposed the nomination, in part because it has not been formally announced.
Federal judges serve for life, and a 45-year-old appointee could shape the law in Texas for three decades or more. The Western District of Texas is one of the busiest federal trial courts in the country, hearing cases from immigration and border enforcement to energy and constitutional challenges.
The nomination also matters for what it says about judicial politics after the midterms. Voters delivered a Democratic sweep in Texas on Tuesday, ousting a sitting Supreme Court justice and a sitting governor. Within two days, the administration was moving to place the ousted justice on the federal bench for life.
The Judiciary Committee will take up Sullivan’s nomination in the lame-duck session, with hearings in consecutive weeks from November 10. The committee will review his record, hold a hearing, and vote on whether to advance him to the full Senate, which would then need to confirm him before January.
A formal White House announcement is expected soon. If the Senate does not confirm Sullivan before the new Congress takes office, the nomination would lapse and return to the White House, which would then face a Democratic-controlled Senate.
Who is James Sullivan?
James Sullivan, 45, is an outgoing justice of the Texas Supreme Court, appointed in January 2025 by Governor Greg Abbott. He lost his bid to keep the seat Tuesday to Democrat Chari Kelly.
What is Trump nominating him for?
A life-tenured seat as a federal judge on the US District Court for the Western District of Texas in Austin.
Has the nomination been formally announced?
Not yet. The White House has not announced it, but the Senate Judiciary Committee has received the paperwork, including Sullivan’s questionnaire, to begin considering him.
When will the Senate consider the nomination?
In the lame-duck session, before Democrats take control in January. Committee chair Chuck Grassley has scheduled nomination hearings in consecutive weeks from November 10.
Why is the timing significant?
Sullivan lost his election Tuesday, two days before the paperwork surfaced, and Democrats won all four Texas Supreme Court seats on the ballot. Republicans are rushing to confirm nominees before handing over Senate control.
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