Judicial Nominations in President Trump’s Second Term: Form and Substance with Robert Luther

Join us for this episode as Professor Robert Luther anticipates judicial nomination selection in Trump's second term. Professor Luther asks two types of questions: formally, "How will the Senate composition impact Judicial Nominations?" "How many seats will be open to fill? Will blue slips still apply for district courts?" "Will any circuit seats be moved to different states?" and substantively, "What types of judges will President Trump nominate and how will this differ from his last term?"

Robert Luther, III was appointed Associate Professor of Law in 2025 at Antonin Scalia Law. He teaches and writes on the federal courts, legal and judicial ethics, political law, Congress, and professional sports. He has served at high levels in all three branches of the federal government and recently founded Constitutional Solutions PLLC—a law firm that navigates judicial candidates, judges, elected officials, professional athletes, and executives through high-stakes hearings, investigations, and reputational attacks.

Immediately before joining the Scalia Law faculty, Professor Luther spent over five years in the Washington, D.C. office of Jones Day, where his practice focused on strategic counseling, crisis management, and litigation. Prior to joining Jones Day, he served as Associate Counsel to the President of the United States in the White House Counsel’s Office. In the White House, he co-managed the judicial selection process and supervised the preparation of over 150 federal judicial nominees for their successful U.S. Senate confirmation hearings. The New York Times Magazine referred to his work on judicial selection during this period as “unique in White House history.” Before joining the White House, Professor Luther served as Counsel to then–U.S. Senator Jeff Sessions (R-Ala.) on the U.S. Senate Judiciary Committee, where he served as a core member of the team that prepared the Senator for confirmation as United States Attorney General. Professor Luther was also a law clerk to Judge Daniel A. Manion of the U.S. Court of Appeals for the Seventh Circuit. Earlier in his career, Professor Luther practiced civil and appellate litigation at a boutique firm in Williamsburg, Va. and taught at William & Mary Law School.

Professor Luther frequently speaks on the legal profession, political law, and federal judicial selection. His public work has been covered by or appeared in The New York Times, The Washington Post, The Wall Street Journal, Bloomberg, Fox News, The Hill, The Washington Examiner, National Law Journal, Law360, The Washington Reporter, and elsewhere, while his scholarship is published in the law journals of nearly twenty universities including Harvard, Georgetown, Texas, William & Mary, UC-Davis, UC Law San Francisco, Howard University, the University of Pittsburgh, the University of Richmond, and Marquette University. He holds active law licenses in Virginia, the District of Columbia, the U.S. Supreme Court, and half of the U.S. Courts of Appeals. Professor Luther serves on the Advisory Board of the Wilson Center for Leadership at Hampden-Sydney College. Since 2019, over 150 of his former students have secured clerkships with federal judges.