Democrats Criticize Trump’s 3rd Circuit Pick for Lack of Delaware Ties
Washington, D.C. – September 3, 2025 – President Donald Trump’s nominee for a Delaware seat on the U.S. Court of Appeals for the Third Circuit, Jennifer Mascott, faced sharp criticism from Democratic senators during her Senate Judiciary Committee confirmation hearing on Wednesday. The primary contention was Mascott’s lack of ties to Delaware’s legal community, raising concerns about her suitability for a seat traditionally associated with the state.
Mascott, a law professor currently working in the White House Counsel’s Office, has a distinguished resume, including clerkships for Supreme Court Justices Clarence Thomas and Brett Kavanaugh and prior roles in the Department of Justice during Trump’s first term. However, she is not a member of the Delaware bar, does not hold a Delaware driver’s license, and votes in Maryland. Her primary connection to Delaware is a beach house she owns, a point Democrats, including Delaware Senator Chris Coons, highlighted as insufficient.
“I’ve made it clear to White House counsel that nominating someone who’s not a Delawarean and didn’t take the Delaware bar—is not part of the Delaware legal community—is very disappointing,” Coons said during the hearing. He noted that he and Senator Lisa Blunt Rochester, Delaware’s other Democratic senator, had recommended several conservative candidates with strong ties to the state’s legal system, but the White House opted for Mascott instead. “It appears there is not a single member of the Delaware bench or bar the White House thought was good enough,” Coons added.
The criticism stems from the tradition of the “blue-slip” process, a century-old Senate custom allowing home-state senators to approve or block judicial nominees for their state’s federal court seats. While the Republican-controlled Senate Judiciary Committee eliminated the blue-slip requirement for circuit court nominees during Trump’s first term, Democrats argue that Mascott’s nomination disregards Delaware’s legal community and the state’s significant role in corporate and patent law, given that over half of U.S. publicly traded companies are incorporated there.
Mascott defended her nomination, stating, “I would look forward, if this body were to confirm me, to joining the legal community specifically in Delaware. I would plan to have chambers in Wilmington, but right now, my practice has been as an academic and here in Washington, D.C., as a public servant.” She acknowledged joining the Third Circuit bar only after her nomination in July 2025, following her expression of interest in any judicial or governmental role during a May 14 interview with White House counsel and a July 2 meeting with Trump.
Republicans on the committee, led by Chairman Chuck Grassley of Iowa, dismissed the concerns, praising Mascott’s qualifications and judicial philosophy. “We trusted her judgment then, and we can trust it now,” Grassley said, referencing her prior testimony on Supreme Court nominees. Some GOP members viewed the nomination as a strategic move to place a trusted conservative on the Third Circuit, which covers Delaware, Pennsylvania, New Jersey, and the U.S. Virgin Islands, and handles influential commercial cases.
Democratic senators also grilled Mascott on her views on presidential power, a recurring issue in challenges to Trump’s actions, and her support for recent Supreme Court decisions, including the 2024 ruling curbing agencies’ regulatory power by ending Chevron deference and the 2023 decision ending the nationwide right to abortion. These exchanges underscored broader ideological concerns about her potential influence on the court.
The Third Circuit is currently split evenly between six Democrat-appointed and six Republican-appointed judges, following the controversial confirmation of Emil Bove in July 2025, which shifted the court’s balance. Mascott’s confirmation would replace Judge Kent Jordan, a George W. Bush appointee who retired in January, potentially tilting the court further toward Republican appointees.
Critics, including Senator Richard Blumenthal of Connecticut, expressed frustration over the nomination process, arguing it prioritizes loyalty to Trump over qualifications. “This nomination reflects a pattern of disregarding state ties and judicial norms,” Blumenthal said. Meanwhile, Robert Luther III, a former White House lawyer, defended the White House’s approach, stating, “My understanding is that the White House approached Senators Coons and Blunt Rochester about her, but they refused to meet with her, so there’s been more than adequate consultation.”
The debate over Mascott’s nomination highlights ongoing tensions over judicial appointments, with Democrats emphasizing local ties and Republicans focusing on ideological alignment. As the confirmation process moves forward, the outcome could significantly shape the Third Circuit’s future, particularly in a region critical for corporate law and election-related litigation.