President Donald Trump has selected two Justice Department attorneys for lifetime appointments to federal district courts in Nebraska and Indiana, expanding his judicial nomination slate as Senate Republicans prepare for a critical confirmation period surrounding the November midterm elections.
Trump announced Monday that he intends to nominate Eric Hamilton, a senior Justice Department official involved in defending major administration policies, to the U.S. District Court for the District of Nebraska. Joseph Falvey, a federal prosecutor and former law clerk to Supreme Court Chief Justice John Roberts, was chosen for the U.S. District Court for the Northern District of Indiana, according to reports from Reuters and Bloomberg Law.
The announcements come as Republicans seek to accelerate judicial confirmations before the current congressional session concludes. Democrats are hoping to gain control of the Senate in the Nov. 3 elections, an outcome that could complicate Trump’s efforts to secure approval for additional nominees.
According to Reuters, the Republican-led Senate Judiciary Committee has scheduled nomination hearings for Nov. 10 and Nov. 18, creating opportunities to advance judicial candidates during the post-election period. Hamilton and Falvey are expected to be considered at the second hearing.
Justice Department Experience Shapes Selections
Hamilton currently serves as deputy assistant attorney general in the Federal Programs Branch of the Justice Department’s Civil Division, a unit responsible for representing the federal government in litigation involving executive branch actions.
His work has included defending several prominent Trump administration initiatives, including global tariffs, restrictions on birthright citizenship, National Guard deployments to major cities and efforts to dismantle the Department of Education, Reuters reported.
Trump praised Hamilton’s performance in a social media announcement, highlighting his role in defending administration policies against legal challenges.
Before joining the federal government, Hamilton served as Nebraska’s solicitor general, giving him experience representing state and federal executive branch interests in court.
His selection also reflects a broader administration preference for attorneys with backgrounds in state solicitor general offices.
Bloomberg Law reported that Trump has previously selected lawyers with similar experience, including Benjamin Flowers, who was confirmed to the U.S. Court of Appeals for the Sixth Circuit this year, and Philip Axt, whose nomination to a federal district judgeship in North Dakota remains pending.
Falvey, meanwhile, brings a combination of prosecutorial experience and federal judicial clerkships.
He currently leads the appellate division of the U.S. Attorney’s Office for the Northern District of Indiana, according to Bloomberg Law.
In addition to clerking for Roberts, Falvey previously worked for Judge Thomas Griffith of the U.S. Court of Appeals for the District of Columbia Circuit and U.S. District Judge Dabney Friedrich in Washington.
Those positions provided experience at multiple levels of the federal judiciary before his nomination to the district court.
Senate Calendar Adds Urgency
The nominations arrive during a consequential period for the administration’s judicial appointment strategy.
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Republicans currently control the Senate, giving Trump a more favorable environment for confirming judges. A Democratic victory in November could change that dynamic when the next Congress convenes in January.
The administration is therefore facing pressure to move candidates through the confirmation process while Republicans retain control of the chamber.
Reuters reported that Trump secured confirmation of 234 federal judges during his first presidential term. Since returning to office in January 2025, he has obtained confirmation of another 56 judges, including 10 appointed to federal appeals courts.
Those appointments are part of a broader effort to shape the federal judiciary, where judges with lifetime tenure can influence legal interpretations long after the administrations that nominated them leave office.
Trump’s first term also helped establish the Supreme Court’s 6-3 conservative majority, underscoring the lasting significance of presidential judicial appointments.
Additional Vacancies Remain
The latest nominations do not resolve all of the administration’s outstanding judicial appointments.
Bloomberg Law reported Monday that Trump had not yet announced nominees for existing federal judicial vacancies in Texas and South Carolina or anticipated openings in North Carolina and Arkansas.
The publication also reported that 18 other Trump judicial nominees were awaiting action, separate from Hamilton and Falvey.
The remaining vacancies leave the administration with additional opportunities to appoint judges, although the timing of nominations and Senate consideration will determine how many can advance before the end of the congressional session.
For Hamilton and Falvey, the next steps involve formal Senate consideration and, ultimately, confirmation votes. Neither appointment becomes effective without Senate approval.
The two nominations highlight the intersection of judicial appointments and electoral politics as Washington approaches a potentially significant change in the balance of congressional power.
Source: Reuters
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