Piecing Together The Timeline For The Rudofsky/Hiland Nominations

· Reason

We now have Senate Judiciary Committee questionnaires from both Judge Lee Rudofsky and Justice Cody Hiland. 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.

First, here is Judge Rudofsky's summary of the process:

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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. 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. Shortly thereafter, I expressed my interest in the potential position to my home-state 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. On or around July 20, 2026, Judge Shepherd formally announced his intention to take senior status upon the confirmation of a 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. Throughout the process, I have communicated with individuals in the White House Counsel's Office and the Office of Legal Policy.

Second, here is Justice Hiland's summary of the process:

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. The next morning, I received a call from Senator Tom Cotton to further discuss the 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. 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. On August 12, 2026, White House Counsel's Office asked about my interest in a potential district court 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. 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.

Here is the timeline:

  • Spring 2026 - Judge Rudofsky communicated to White House that he was interested in a vacancy should it open. (There is no reference to either of Arkansas's senators.)
  • June 17 - Senator Boozman calls Justice Hiland to ask if he is "interested in a potential vacancy" on the Eighth Circuit. (It isn't clear when the White House called Justice Hiland to interview.)
  • June 19 - White House Counsel called Judge Rudofksy to ask him to interview for Eighth Circuit seat, should it become vacant.
  • 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. (Hiland later described the room as full of "eight Ivy League 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.
  • July 17 - White House Counsel asked Justice Hiland to undergo an FBI background check and prepare the Senate paperwork. (Hiland later said the FBI check was expedited to take about two 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. (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. Hiland relayed the conversation: "The president would like to know if you would be interested in a federal district court position." (This nomination presumably would have been for Rudofsky's vacant district court seat.) At that point, Hiland refused, and insisted the White House Counsel tell Trump about Hiland's refusal.
  • August 19 - Justice Hiland tells the entire story to law students at the University of Arkansas.
  • September 14 - Judge Rudofsky's nomination was sent to the Senate.
  • September 30 - The Senate Judiciary Committee held Judge Rudofsky's confirmation hearing.
  • November 10 - The President withdraws Judge Rudofsky's 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.

It is pretty clear that the White House wanted Rudofsky all along, and humored Boozman by giving Hiland an interview. Then, Hiland bombed his interview and the White House selected Rudfosky. But Senator Boozman wants his buddy to have a lifetime commission, and the President folded.

I should note that this morning, someone came up to me in the hallway at the Mayflower and said "I'm from Arkansas." I replied, as I often do, "Am I in 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.) Fortunately, my interaction with the Arkansan went better. The person told me that Justice Hiland's voting record makes him indistinguishable from the Democrat Justices on the court. Here is a smattering of cases that the person shared with me:

Standridge, 2025 Ark. 42 (joined liberals in dissent, applying rule that "the primary rule of statutory interpretation is to give effect to the intent of the legislature)

Hause, 2025 Ark. 156 (wrote for majority, joined by liberals - Bronni's dissent, joined by conservatives, points out majority avoids answering the questions presented; issue in the case was a city ordinance used to block Airbnb-like rentals)

Paschall, 2024 Ark. 155 (Arkansas Supreme Court has a long liberal history; without questioning the precedent, in dissent, joined by liberals, Hiland writes that we must afford ballot titles "liberal construction and interpretation")

Boyle Ventures, 2025 Ark. 71 (writing the lead opinion, which the liberals joined or concurred, Hiland again uses legislative intent language, adding that the court "must look at the legislative history, the language, and the subject matter involved")

Eureka Gun and Pawn, 2026 Ark. 1 (joined liberals in dismissing an appeal over a municipality denying a gun shop a conditional use permit; conservatives concurred to explain there was nothing more to do on remand but grant the gun shop its permit)

Hughes, 2026 Ark. 69 (voted with liberals to dismiss an appeal as improvidently granted in a case that the court of appeals ruled that parents who live 15 minutes apart cannot have joint custody; case number is CV-23-749 and the docket shows the liberals, excluding Hiland, originally voted to deny the petition for review, Arkansas's version of cert petition)

I have reason to have hope for Judge Butler. Let's see what Justice Hiland does.

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