Senate Confirms Jennifer Mascott to Third Circuit Court of Appeals

The Senate confirmed Jennifer Mascott to the U.S. Court of Appeals for the Third Circuit by a vote of 50-47, marking Trump’s second appointee to this circuit in his second term. Mascott, a Catholic University law professor and former Trump White House lawyer, founded the Separation of Powers Institute at Catholic Law and previously clerked for conservative Justices Clarence Thomas and Brett Kavanaugh.

The confirmation faced Democratic opposition over Mascott’s limited ties to Delaware, which the Third Circuit covers. Critics noted her nomination continued a pattern of Trump appointing loyalists with strong ties to the Federalist Society and conservative legal movement to reshape the federal judiciary. Mascott taught administrative and constitutional law with a focus on limiting federal agency power, suggesting she will likely vote to curtail regulatory authority.

The confirmation came despite government shutdown concerns and represents continued judicial capture by the conservative legal movement. Mascott’s record suggests she will advance an originalist agenda that favors corporate interests and presidential power while constraining federal agencies’ regulatory capabilities.