First Confirmed Judge of Second Trump Term Called a 'Direct Threat' to Fundamental Freedoms

Civil rights organizations and anti-corruption groups voiced alarm Monday after the Republican-controlled U.S. Senate confirmed the first federal judge of President Donald Trump's second term, granting 38-year-old Whitney Hermandorfer a lifetime position on the U.S. Court of Appeals for the 6th Circuit.

"Her limited legal career shows a demonstrated hostility towards the protection of civil and human rights—including a disturbing and unacceptable record on reproductive rights, LGBTQ equality, birthright citizenship, labor and employment, environmental protections, and the expansion of executive power—which should be disqualifying for any judicial nominee," Lena Zwarensteyn, senior director of the fair courts program the Leadership Conference on Civil and Human Rights, said following Hermandorfer's confirmation via a party-line vote.

Caroline Ciccone, president of the watchdog group Accountable.US, said that "Hermandorfer has a clear record of putting her loyalty to Donald Trump over the Constitution, and her confirmation is a direct threat to Americans' fundamental freedoms."

"She has stood in lockstep with the president as he pursued blatantly unconstitutional actions and worked to expand executive power," Ciccone added. "Given that, it's no wonder Trump picked her for a lifetime appointment to the bench."

"Hermandorfer's lack of experience, extreme agenda, history of advocacy for the wealthy and powerful, and loyalty to Trump make her an ominous bellwether of what's to come for our courts."

Opponents of Hermandorfer's confirmation pointed specifically to her record as director of the Tennessee attorney general's Strategic Litigation Unit, where she argued in support of the state's near-total abortion ban and filed amicus briefs backing Trump administration actions, including its effort to end birthright citizenship through executive order and seize control of independent federal agencies.

In a letter to senators ahead of Monday's vote, the Leadership Conference on Civil and Human Rights also highlighted Hermandorfer's history of "undermining union and labor protections."

"As a researcher for the conservative think tank American Enterprise Institute, she frequently wrote about supporting the corporatization of public education and busting teachers unions as a way for principals and superintendents to make 'necessary' changes," the group observed. "Ms. Hermandorfer has submitted amicus briefs in many cases that undermine fair labor practices and the right of workers to unionize. She submitted a brief on behalf of Tennessee to the U.S. Supreme Court in Starbucks Corp. v. McKinney, a case brought in 2024 after several employees at Starbucks were fired after attempting to unionize."

Rachel Rossi, president of Alliance for Justice, warned Monday that "Hermandorfer's lack of experience, extreme agenda, history of advocacy for the wealthy and powerful, and loyalty to Trump make her an ominous bellwether of what's to come for our courts."

In addition to becoming the first judicial confirmation of Trump's second White House term, Hermandorfer is the first federal judge pick in years who was not formally vetted by the American Bar Association (ABA). In May, Attorney General Pam Bondi restricted the ABA's access to judicial nominees, heightening concerns about the president's efforts to fill court vacancies with inexperienced ideologues and sycophants.

Hermandorfer is part of a slate of far-right judicial nominees that includes Trump loyalist Emil Bove, who is currently the principal associate deputy attorney general. The Senate Judiciary Committee is set to consider Bove's nomination to serve on the U.S. Court of Appeals for the 3rd Circuit on Thursday.