Trump Reportedly Eyes Lifetime Federal Judgeship for James Sullivan After Texas Election Defeat

President Donald Trump is reportedly considering Texas Supreme Court Justice James Sullivan for a lifetime federal judgeship after Texas voters rejected his re-election bid.

A questionnaire received by the Senate Judiciary Committee identifies the 45-year-old Republican for a position on the US District Court for the Western District of Texas.

Sullivan lost Tuesday's election to Democrat Chari Kelly on 3 November. Trump has not publicly announced a nomination. The potential appointment comes as Republicans seek to confirm more judges before Democrats take control of the Senate in January.

According to Texas election results updated on 4 November, Kelly received 5,068,047 votes against Sullivan's 4,631,182, a margin of 436,865 votes. Democrats won all four contested seats on the nine-member Texas Supreme Court, reducing the Republican majority to 5-4 once the newly elected justices take office.

Sullivan joined Texas's highest civil court in January 2025 after being appointed by Republican Gov. Greg Abbott. Before joining the court, he served as Abbott's general counsel.

Abbott also lost his re-election bid on Tuesday to Democrat Gina Hinojosa.

James Sullivan's Election Defeat Appears in Senate Paperwork

The Senate Judiciary Committee questionnaire identifies Sullivan's prospective position as a US district judge for the Western District of Texas. Reuters, which first reported the development on Thursday, said the judgeship would be based in Austin.

The paperwork was submitted before any publicly announced nomination from the White House. Such questionnaires can reach the committee before a president formally nominates a candidate.

Sullivan acknowledged his electoral defeat in the questionnaire, describing his candidacy to retain his Texas Supreme Court seat as 'unsuccessful'.

His campaign website had promoted him as 'bold', 'relentless' and 'conservative', although voters ultimately chose Kelly.

The potential federal appointment would place Sullivan in a different judicial system. Texas Supreme Court justices hold elected positions, while federal district judges are nominated by the president and confirmed by the Senate.

Federal district judges generally serve for life, subject to the constitutional standard of good behaviour. Losing a state judicial election does not disqualify someone from receiving a federal appointment.

James Sullivan's Possible Appointment Faces a Senate Deadline

Republicans are attempting to confirm nearly two dozen pending judicial nominees before Democrats assume control of the Senate in January. Sullivan's paperwork does not establish that he has been formally nominated or added to those awaiting confirmation.

Trump has secured confirmation of 56 judges during his second term, according to figures reported on 5 November. During his first term, he made 234 federal judicial appointments, including three Supreme Court justices.

Senate Judiciary Committee Chairman Chuck Grassley, an Iowa Republican, has scheduled nomination hearings in consecutive weeks beginning 10 November. The arrangement departs from the panel's usual practice of holding hearings every other week and has drawn objections from Democrats.

However, the committee's published hearing notice does not identify Sullivan as a scheduled participant.

Even if Trump formally nominates Sullivan, the Texas justice would still need Senate confirmation. The submission of his questionnaire provides no guarantee that senators will consider or vote on his appointment before January.

James Sullivan's Federal Prospects Face an Incoming Democratic Senate

Democrats are set to hold at least 54 Senate seats in January, giving them the numbers to block Trump's judicial nominees. Senate Democratic Leader Chuck Schumer has already signalled a tougher approach to future appointments.

Speaking to the Associated Press, Schumer said Democrats were 'not going to allow any crappy nominees' to win confirmation. His comments addressed judicial and other appointments broadly, rather than Sullivan specifically.

The White House rejected Schumer's wider criticism on Thursday, accusing Democrats of politicising the Supreme Court. White House spokeswoman Lauren Bis said Trump would oppose Democratic efforts to expand the court with liberal justices. The statement did not address Sullivan's potential appointment.

Sullivan's federal prospects remain uncertain. The Senate Judiciary Committee has received his questionnaire, but Trump has not publicly announced a nomination, and no confirmation vote has been scheduled.

Neither the White House nor Sullivan immediately responded to requests for comment when the development was first reported.

Republicans have only the remaining weeks of their Senate majority to advance additional judicial appointments without facing a Democratic-controlled chamber. Whether Sullivan's prospective nomination can move through the process before January remains unclear.

For now, Kelly's election victory determines who will replace Sullivan on the Texas Supreme Court. His possible move to a lifetime federal judgeship remains dependent on a formal presidential nomination and Senate approval.