Trump’s new judge pick: True constitutionalist or hidden Democrat?



President Donald Trump's nomination of Assistant U.S. Attorney Rebecca Taibleson for the Seventh Circuit Court of Appeals has prompted questions about the extent of her alignment with the administration's conservative values, particularly in light of her and her husband's political donations to Democrats.

Trump's first term was undermined by several appointments that did not fully align with the administration's priorities, leading to setbacks in key legal battles and policy implementation. The president admitted that he received "bad advice ... on numerous Judicial Nominations," expressing that he was "very disappointed" with some of those picks.

'She brings an exceptional legal mind and a firm dedication to interpreting the law as written, not bending it to fit a political agenda.'

Mike Davis, a Trump ally and the founder of Article III Project, stated that the president's second administration would not make that same mistake again and instead would focus on selecting judges who are "even more bold and fearless" and have been "battle-tested."

Trump announced Taibleson's nomination in August, writing in a social media post, "It is my Great Honor to nominate Rebecca Taibleson to serve as a Judge on the United States Court of Appeals, for the Seventh Circuit, in the Great State of Wisconsin. Rebecca brings a wealth of EXPERIENCE AND SUCCESS, from her time as Assistant United States Attorney for the Eastern District of Wisconsin and, formerly, as Assistant to the United States Solicitor General."

"Rebecca has learned from some of the BEST and most HIGHLY RESPECTED Legal Minds in the Country, having clerked for United States Supreme Court Justices Brett Kavanaugh and Antonin Scalia. Rebecca will make a fantastic Judge who will fearlessly defend the Constitution, and strongly uphold the Rule of Law. Congratulations Rebecca!" Trump added.

While Taibleson, 42, meets all legal qualifications, having earned her J.D. from Yale Law, her background raises questions about her political leanings. In fact, her conservative critics have been quick to highlight that she and her husband have a history of donating to Democrats.

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Roman Martinez, Sarah Pitlyk, Rebecca Taibleson, and Porter Wilkinson, former law clerks for Brett Kavanaugh. Photo By Tom Williams/CQ Roll Call

Taibleson donated in 2022 to Joe Manchin, a former Democratic senator from West Virginia, through ActBlue, and in 2024 to Bridget Schoenborn, a judge nominated by Democratic Wisconsin Governor Tony Evers. However, she also donated to Mike Gallagher, a former Republican representative, and WINRED in 2016 and 2020, respectively.

Blaze News reached out to Taibleson for comment.

Her husband, Benjamin Taibleson, contributed to Joe Biden's 2020 presidential campaign against Trump, Kamala Harris' Senate campaign in 2015, and Forrest Dunbar, a Democratic member of the Alaska Senate.

Despite these donations to Democrats and other elements of her record that appear to her conservative critics at odds with the administration's priorities, Davis and the Article III Project have expressed their support for Taibleson.

"President Trump continues to deliver on his promise to appoint bold and fearless judges who will defend the Constitution and uphold the rule of law," Davis said. "His latest nomination of Rebecca Taibleson to the U.S. Court of Appeals for the Seventh Circuit is a testament to his unwavering commitment to restoring a judiciary grounded in constitutional principles and judicial restraint. She brings an exceptional legal mind and a firm dedication to interpreting the law as written, not bending it to fit a political agenda."

"As President Trump further reshapes the federal judiciary with judges who understand their role is to interpret the law, not make it, the Article III Project stands ready to support Taibleson through every step of the confirmation process. We are committed to ensuring the American people get the impartial, constitutionally faithful judges they deserve," Davis added.

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Justice Antonin Scalia. Photo by Chip Somodevilla/Getty Images

Taibleson's conservative supporters have pointed to her experience working as a clerk for Justice Antonin Scalia and Judge Brett Kavanaugh, even advocating for Kavanaugh's Supreme Court nomination, as proof of her commitment to uphold similar values. However, critics dispute this claim, noting that Scalia was known for hiring counter-clerks, or politically liberal clerks, and that Kavanaugh has been suspected of employing a similar practice.

For example, Department of Justice lawyer Danielle Sassoon opposed Trump's attempt to dismiss charges against New York City Mayor Eric Adams. Law professor Rachel Barkow stated that Trump's "use of the pardon power is part of his effort to put the country on an authoritarian path." Former Judge Michael Luttig described Trump as "a clear and present danger to American democracy." Notably, all four individuals were former clerks for Scalia.

Some of Taibleson's conservative supporters also point to her time with the Solicitor General's office beginning in the first Trump administration. However, she remained on with the Biden administration through 2022, including defending Biden's student loan forgiveness policy in a lawsuit brought by the Brown County Taxpayers Association.

As Taibleson's confirmation process unfolds, various aspects of her record will likely spark ongoing debate about whether she fully embodies the bold constitutionalism Trump has pledged for his judicial nominees, or whether potential misalignments could mirror the challenges faced during his first term.

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