We now have Senate Judiciary Committee questionnaires from both Judge Lee Rudofsky and Justice Cody Hiland.
asserted
We → have → Rudofsky
If we consider Justice Hiland's remarks to the law school, we can piece together a rough timeline of how this nomination zigged and zagged.
asserted
nomination → consider → timeline
In the Spring of 2026, I communicated to the White House Counsel's Office that, if a vacancy opened on the Eighth Circuit, would be interested in being considered for the vacancy.
asserted
vacancy → communicate → vacancy
On or around June 19, 2026, the White House Counsel's Office asked me to interview for an Arkansas seat on the Eighth Circuit in the event of a vacancy.
asserted
Office → ask → vacancy
Shortly thereafter, I expressed my interest in the potential position to my home-state Senators.
asserted
I → express → Senators
On July 1, 2026, I was interviewed in the Eisenhower Executive Office Building by attorneys from the White House Counsel's Office and from the Department of Justice's Office of Legal Policy.
asserted
I → interview → Policy
On or around July 20, 2026, Judge Shepherd formally announced his intention to take senior status upon the confirmation of a successor.
asserted
Shepherd → announce → successor
On August 12, 2026, the President called me to tell me that he was going to announce his intention to nominate me to the Eighth Circuit.
asserted
he → call → Circuit
Throughout the process, I have communicated with individuals in the White House Counsel's Office and the Office of Legal Policy.
asserted
I → communicate → Policy
On June 17, 2026, I received a phone call from United States Senator John Boozman, who asked whether I would be interested in a potential vacancy on the United States Court of Appeals for the Eighth Circuit.
asserted
I → receive → Circuit
The next morning, I received a call from Senator Tom Cotton to further discuss the opportunity.
asserted
I → receive → opportunity
On June 19, 2026, I received a phone call from White House Counsel's Office, and I interviewed on June 29, 2026, with staff from White House Counsel's Office and the Office of Legal Policy of the Department of Justice.
asserted
I → receive → Justice
On July 17, 2026, the White House Counsel's Office requested that I undergo a background investigation and prepare paperwork in anticipation of a potential nomination.
asserted
I → request → nomination
On August 12, 2026, White House Counsel's Office asked about my interest in a potential district court nomination.
asserted
Office → ask → nomination
[LOL] On November 10, 2026, the White House Counsel's Office informed me that I was to be nominated and shortly after formally transmitted my nomination to the Senate.
asserted
I → inform → Senate
Throughout the process, I have had periodic communication with the Department of Justice's Office of Legal Policy to assist me in preparation of documents in support of my nomination.
asserted
I → have → nomination
- Spring 2026 - Judge Rudofsky communicated to White House that he was interested in a vacancy should it open.
asserted
it → communicate → vacancy
- June 17 - Senator Boozman calls Justice Hiland to ask if he is "interested in a potential vacancy" on the Eighth Circuit.
asserted
he → call → Circuit
(It isn't clear when the White House called Justice Hiland to interview.)
asserted
House → call → Hiland
- June 19 - White House Counsel called Judge Rudofksy to ask him to interview for Eighth Circuit seat, should it become vacant.
asserted
it → call → seat
- June 29 - Justice Hiland was interviewed by staff from White House Counsel's Office and the Office of Legal Policy of the Department of Justice.
asserted
Hiland → interview → Justice
(Hiland later described the room as full of "eight Ivy League attorneys.")
asserted
Hiland → describe → attorneys
- July 1 - Judge Rudofsky was interviewed in the Eisenhower Executive Office Building by attorneys from the White House Counsel's Office and from the Department of Justice's Office of Legal Policy.
asserted
Rudofsky → interview → Policy
- July 17 - White House Counsel asked Justice Hiland to undergo an FBI background check and prepare the Senate paperwork.
asserted
Counsel → ask → paperwork
(Hiland later said the FBI check was expedited to take about two weeks.)
asserted
check → say → weeks
- July 20 - Judge Shepherd formally announced his intention to take senior status upon the confirmation of a successor
- August 12 - President Trump called Judge Rudofsky to tell Rudofsky that Trump was going to announce Trump's intention to nominate Rudofsky to the Eighth Circuit.
asserted
Trump → announce → Circuit
(Sorry for repeating the names over and over again; pronouns would have made this sentence too hard to follow.)
- August 12 - The White House Counsel called Justice Hiland.
asserted
Counsel → repeat → Hiland
Hiland relayed the conversation: "The president would like to know if you would be interested in a federal district court position."
asserted
you → relay → position
At that point, Hiland refused, and insisted the White House Counsel tell Trump about Hiland's refusal.
asserted
Counsel → refuse → refusal
- August 19 - Justice Hiland tells the entire story to law students at the University of Arkansas.
asserted
Hiland → tell → Arkansas
- September 14 - Judge Rudofsky's nomination was sent to the Senate.
asserted
nomination → send → Senate
- September 30 - The Senate Judiciary Committee held Judge Rudofsky's confirmation hearing.
asserted
Committee → hold → hearing
- November 10 - The President withdraws Judge Rudofsky's nomination.
asserted
President → withdraw → nomination
- November 10, 2026 - The White House Counsel's Office (not the President) informed Justice Hiland that he would be nominated to the Eighth Circuit and shortly after formally transmitted my nomination to the Senate.
asserted
he → inform → Senate
It is pretty clear that the White House wanted Rudofsky all along, and humored Boozman by giving Hiland an interview.
asserted
House → want → interview
Then, Hiland bombed his interview and the White House selected Rudfosky.
asserted
House → bomb → Rudfosky
But Senator Boozman wants his buddy to have a lifetime commission, and the President folded.
asserted
President → want → commission
I should note that this morning, someone came up to me in the hallway at the Mayflower and said "I'm from Arkansas."
asserted
I → note → Arkansas
I replied, as I often do, "Am I in trouble?"
asserted
I → reply → trouble
(I also met a Mississippian who gloated that "the Butler did it"; I don't think conservatives from Mississippi should be boasting about their skill in picking the right protein.)
asserted
conservatives → meet → protein
…and 9 more, not listed.
The Aporia
