
Emil Bove, President Donald Trump's nominee to be US Circuit Judge for the 3rd Circuit, testified during his Senate confirmation hearing on June 25, 2025.
Election-Denying Trump Judges Preside Over Nearly Every Battleground Midterm Race: Analysis
"We must vote in numbers so overwhelming that no Trump judge could deny the truth."
If the Trump administration decides to challenge the outcome of any of the dozens of battleground contests in next week's midterms, there's a significant chance that one of the president's handpicked, election-denying judges will oversee the case.
That's according to a report published Tuesday by the advocacy group Demand Justice, which found that 53 of 60 battleground races for US House and Senate that will be held on November 3 "are in districts or states presided over by at least one Trump-appointed federal judge who, under oath, refused to admit that Donald Trump lost the 2020 election."
“If these judges couldn’t tell the truth about 2020, we can’t count on them to do so in 2026," said Josh Orton, president of Demand Justice. "We must vote in numbers so overwhelming that no Trump judge could deny the truth."
The report defines battleground races as Senate and House contests that analysts currently rate as either a toss up, lean Republican, or lean Democratic.
Demand Justice emphasizes that federal courts "look very different" today than they did in 2020, when the judiciary "halted Trump’s attempt to challenge the 2020 election results."
"Since then, Trump appointed Emil Bove and Jennifer Mascott to the Third Circuit, Rebecca Taibleson to the Seventh, Michael Martin to the Eastern District of Michigan, and Eric Tung to the Ninth Circuit, which hears appeals from Arizona," the report notes, pointing to courts that previously weighed 2020-related cases.
During their confirmation hearings, each of those Trump-picked judges—along with dozens of others—refused to explicitly say that Trump lost the 2020 election. As Demand Justice observed in an earlier report, Trump's judicial picks used virtually identical phrasing to evade senators' questions about the 2020 election results, saying that former President Joe Biden "was certified as the winner."

The report comes amid mounting concerns that the Trump administration could try to intervene in the midterms if the outcome is unfavorable to Trump and his Republican Party, which is seeking to maintain control of both chambers of Congress.
Demand Justice cited as an alarming example the Justice Department's lawsuit aiming at blocking certification of Alaska's US Senate election if Republican Sen. Dan Sullivan loses. Trump told reporters late last week that he ordered the DOJ to file the lawsuit, which Democratic nominee Mary Peltola is seeking to dismiss before Election Day.
“Trump's attempt to interfere in Alaska’s Senate race is a wake-up call," said Orton. "His administration will not accept election results unless the Republicans win."
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If the Trump administration decides to challenge the outcome of any of the dozens of battleground contests in next week's midterms, there's a significant chance that one of the president's handpicked, election-denying judges will oversee the case.
That's according to a report published Tuesday by the advocacy group Demand Justice, which found that 53 of 60 battleground races for US House and Senate that will be held on November 3 "are in districts or states presided over by at least one Trump-appointed federal judge who, under oath, refused to admit that Donald Trump lost the 2020 election."
“If these judges couldn’t tell the truth about 2020, we can’t count on them to do so in 2026," said Josh Orton, president of Demand Justice. "We must vote in numbers so overwhelming that no Trump judge could deny the truth."
The report defines battleground races as Senate and House contests that analysts currently rate as either a toss up, lean Republican, or lean Democratic.
Demand Justice emphasizes that federal courts "look very different" today than they did in 2020, when the judiciary "halted Trump’s attempt to challenge the 2020 election results."
"Since then, Trump appointed Emil Bove and Jennifer Mascott to the Third Circuit, Rebecca Taibleson to the Seventh, Michael Martin to the Eastern District of Michigan, and Eric Tung to the Ninth Circuit, which hears appeals from Arizona," the report notes, pointing to courts that previously weighed 2020-related cases.
During their confirmation hearings, each of those Trump-picked judges—along with dozens of others—refused to explicitly say that Trump lost the 2020 election. As Demand Justice observed in an earlier report, Trump's judicial picks used virtually identical phrasing to evade senators' questions about the 2020 election results, saying that former President Joe Biden "was certified as the winner."

The report comes amid mounting concerns that the Trump administration could try to intervene in the midterms if the outcome is unfavorable to Trump and his Republican Party, which is seeking to maintain control of both chambers of Congress.
Demand Justice cited as an alarming example the Justice Department's lawsuit aiming at blocking certification of Alaska's US Senate election if Republican Sen. Dan Sullivan loses. Trump told reporters late last week that he ordered the DOJ to file the lawsuit, which Democratic nominee Mary Peltola is seeking to dismiss before Election Day.
“Trump's attempt to interfere in Alaska’s Senate race is a wake-up call," said Orton. "His administration will not accept election results unless the Republicans win."
If the Trump administration decides to challenge the outcome of any of the dozens of battleground contests in next week's midterms, there's a significant chance that one of the president's handpicked, election-denying judges will oversee the case.
That's according to a report published Tuesday by the advocacy group Demand Justice, which found that 53 of 60 battleground races for US House and Senate that will be held on November 3 "are in districts or states presided over by at least one Trump-appointed federal judge who, under oath, refused to admit that Donald Trump lost the 2020 election."
“If these judges couldn’t tell the truth about 2020, we can’t count on them to do so in 2026," said Josh Orton, president of Demand Justice. "We must vote in numbers so overwhelming that no Trump judge could deny the truth."
The report defines battleground races as Senate and House contests that analysts currently rate as either a toss up, lean Republican, or lean Democratic.
Demand Justice emphasizes that federal courts "look very different" today than they did in 2020, when the judiciary "halted Trump’s attempt to challenge the 2020 election results."
"Since then, Trump appointed Emil Bove and Jennifer Mascott to the Third Circuit, Rebecca Taibleson to the Seventh, Michael Martin to the Eastern District of Michigan, and Eric Tung to the Ninth Circuit, which hears appeals from Arizona," the report notes, pointing to courts that previously weighed 2020-related cases.
During their confirmation hearings, each of those Trump-picked judges—along with dozens of others—refused to explicitly say that Trump lost the 2020 election. As Demand Justice observed in an earlier report, Trump's judicial picks used virtually identical phrasing to evade senators' questions about the 2020 election results, saying that former President Joe Biden "was certified as the winner."

The report comes amid mounting concerns that the Trump administration could try to intervene in the midterms if the outcome is unfavorable to Trump and his Republican Party, which is seeking to maintain control of both chambers of Congress.
Demand Justice cited as an alarming example the Justice Department's lawsuit aiming at blocking certification of Alaska's US Senate election if Republican Sen. Dan Sullivan loses. Trump told reporters late last week that he ordered the DOJ to file the lawsuit, which Democratic nominee Mary Peltola is seeking to dismiss before Election Day.
“Trump's attempt to interfere in Alaska’s Senate race is a wake-up call," said Orton. "His administration will not accept election results unless the Republicans win."

