H.R. 5125, the "District of Columbia Judicial Nominations Reform Act of 2025," would abolish the District of Columbia Judicial Nomination Commission, allow the U.S. president to nominate D.C. judges without its involvement, and transfer authority to appoint chief judges from the commission to the president. Currently, the president can only nominate individuals recommended by the commission.
The House passed H.R. 5125 on September 17, 2025 by a vote of 218 to 211 (Roll Call 274). We have assigned pluses to the yeas because the District of Columbia Judicial Nomination Commission infringes upon the president's authority to "nominate" and "appoint … Officers of the United States" under Article II, Section 2 of the Constitution. Article II, Section 2 checks the president's appointment powers by requiring Senate confirmation for "Officers of the United States" and allowing Congress to "vest the Appointment of … inferior Officers" in "Courts of Law" or "Heads of Departments," but it does not permit the use of technocratic commissions to check the president's authority.
United States Constitution
Article II Section 2
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
