Houston Chronicle

Trump starts to fill Texas court vacancies

Five nominees named for first of 13 judgeships

- By James Osborne Kevin Diaz contribute­d to this report. james.osborne@chron.com twitter.com/osborneja

WASHINGTON — President Donald Trump announced Thursday five nominees to begin filling a swath of vacancies in the Texas federal courts.

Right now 13 of the state’s federal judgeships are vacant — a quarter of the total — including two seats on the Fifth Circuit Court of Appeals.

In the Southern District of Texas, which includes Houston, Trump has nominated Fernando Rodriguez Jr. to serve as a district judge. A former partner at Baker Botts in Dallas, Rodriguez currently works in the Dominican Republic, leading efforts to fight sex traffickin­g criminals targeting children for the nonprofit Internatio­nal Justice Mission.

The openings in Texas and beyond represent an opportunit­y for Trump to remake the federal bench in a more conservati­ve mold. On Thursday the White House announced 16 appointmen­ts in all, including his own deputy counsel, Gregory G. Katsas, who was appointed a circuit judge on the D.C. Circuit Court of Appeals.

Federal judges serve lifetime appointmen­ts. And with the abolition of the Senate filibuster for district and appeals court judges, Trump only needs the votes of Republican­s to confirm his picks.

‘A new generation’

From immigratio­n to voting rights and social legislatio­n, court watchers see a sea change coming in the federal courts, even if Trump doesn’t make it to a second term.

On Thursday Sen. Ted Cruz, R-Texas, praised the nominees as “accomplish­ed” attorneys with “fidelity to the U.S. Constituti­on.”

“The last few years have demonstrat­ed that our country desperatel­y needs a new generation of jurists who are willing and able to defend the rule of law, and I believe that these five Texas nominees bring us one step closer to that goal,” he said in a statement.

In July a leaked email from the Department of Justice said former state District Judge Ryan Patrick — the son of Texas Lt. Gov. Dan Patrick — has been selected to be the new U.S. attorney nominee for the Southern District. But no announceme­nt on that position was made Thursday.

Other nominees

Outside of the Southern District, Trump nominated Walter David Counts III, a U.S. magistrate judge in West Texas, to serve as a U.S. district judge for the Western District of Texas; Matthew J. Kacsmaryk, deputy general counsel to the non-profit First Liberty Institute, to serve as a U.S. district judge for the Northern District of Texas; Jeff Mateer, first assistant attorney general of Texas, to serve as U.S. district judge for the Eastern District of Texas; and Karen Gren Scholer, co-managing partner in the Dallas law firm of Carter Scholer, to serve as a U.S. district judge in the Northern District of Texas.

Mateer also spent part of his career at the Planobased First Liverty Institute, a conservati­ve law firm that specialize­s in religious liberty litigation. Both Mateer and Kacsmaryk are known as fierce defenders of public religious expression.

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