North Dakota Solicitor General Phil Axt faced sharp scrutiny from the Senate Judiciary Committee on Tuesday as lawmakers questioned his judicial experience and his stance on the 2020 presidential election.
Axt, a nominee for a federal district judgeship, appeared before the panel alongside three other candidates. President Donald Trump nominated him in August to fill the vacancy left by Dan Traynor, who was confirmed to the 8th Circuit Court of Appeals, according to the North Dakota Monitor.
U.S. Sens. John Hoeven and Kevin Cramer, both Republicans from North Dakota, introduced Axt by highlighting his academic and military background. Hoeven lauded Axt’s West Point education, his Yale Law School degree, and his service in battle, which earned him a Bronze Star.
“He’s got the finest academic accolades and accomplishments, but he’s a guy that served our country in battle, won the Bronze Star, and now he’s our state solicitor general. Now that’s pretty fantastic experience for a U.S. district court judge,” Hoeven said during the hearing.
Evaluating the Solicitor General’s Trial Record
Since 2023, Axt has served as North Dakota’s solicitor general under Attorney General Drew Wrigley, defending high-profile state laws regarding abortion and gender-affirming care.
When asked by Chair Chuck Grassley, R-Iowa, about his readiness to preside over cases, Axt said that he has managed the state’s most important legal challenges over the past several years. He reported appearing in more than 100 cases, arguing many of them in both state and federal courts.
“One thing I’ve learned through that experience is you can tell when the court has put in the effort and the time to really understand the best version of the arguments that are at issue,” Axt said. He emphasized that he would apply that same level of diligence to his work if confirmed.
The Debate Over Lifetime Appointments
Ranking Member Dick Durbin, D-Ill., expressed reservations regarding the nominee’s lack of direct trial experience. Durbin questioned whether a career focused on appellate strategy and constitutional interpretation is sufficient for the responsibilities of a lifetime federal trial appointment.
“I think it’s unfortunate. You are talented in certain areas, but a lifetime appointment for a federal district trial judge, I just don’t see how you put it together,” Durbin told the nominees present. Axt acknowledged that he has generally avoided trial work, serving instead as a supervisor for trial teams and a strategist for legal motions.
Sen. Marsha Blackburn, R-Tenn., countered the criticism by arguing that the standard for judicial experience has been inconsistent. She said that some judicial nominees of Democratic presidents had no experience as a judge at any level, likening the requirement to serving as “a judge at the fair’s pie contest.”
Axt Addresses the 2020 Election and January 6
Sen. Richard Blumenthal, D-Conn., directed the hearing toward the 2020 election and the events of January 6, 2021.
Axt confirmed his position on the historical record, stating he agreed with a fellow nominee that Joe Biden was the certified winner of the 2020 election. Regarding the attack on the U.S. Capitol, Axt stated, “I condemn the acts of violence on that day.”
The Senate Judiciary Committee concluded the hearing without taking immediate action on Axt’s nomination.
