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Indiana U.S. Sen. Mike Braun is facing criticism from Republican colleagues and President-elect Donald Trump after his recent absences from Capitol Hill helped Democrats secure their picks for multiple lifetime federal judges.
The outgoing senator won his bid to be Indiana’s next governor earlier this month. For now, however, he’s still an active member of Congress.
“Senator Braun returned to D.C. yesterday and is there today,” his office said in a statement. “He continues to balance his Senate responsibilities with his Transition responsibilities.”
GOP senators from other states—now fuming on social media and in the halls of the capitol building—maintain that Braun’s work in Washington, D.C., should be prioritized until his tenure there is officially complete. They said the same applies to a handful of other outgoing senators who haven’t shown up for key votes, as well.
Although Republicans in the U.S. Senate have tried to delay the confirmation process by slow-rolling procedural votes, they haven’t been able to block the nominees outright due to missing caucus members.
Senate Republicans gained enough seats during the 2024 elections to win a majority, but Democrats still control the chamber until January’s swearing-in ceremony for new members.
Braun was absent from key Senate floor votes on Monday, Tuesday and Wednesday, according to voting records, though a spokesperson for his office said he made it to some votes late Wednesday after attending the Republican Governors Association’s annual conference in Florida.
Braun’s absence from the Senate, for example, helped Amir Ali, a Democrat-supported judicial nominee for the District of Columbia, get confirmed on Wednesday by a 50-49 margin, largely along party lines.
Before that, on Monday, senators approved Embry Kidd for the 11th Circuit, an appeals court overseeing the southeast where GOP-appointees make up a narrow majority of the judges. The 49-45 tally was missing votes from five Republicans, including Braun.
Other caucus members not present for that vote were Vice President-elect JD Vance—a senator from Ohio—and Sen. Bill Hagerty of Tennessee.
Even so, full Republican attendance on Monday might not have guaranteed blocked confirmations. Vice President Kamala Harris could have cast a tie-breaking vote in Democrats’ favor. Democrats separately had the option to reschedule votes until next week to ensure all members of their caucus were present.
On Tuesday, the Senate additionally approved two district court nominees who faced united Republican opposition.
One of those, Sarah Russell, was selected for Connecticut’s federal trial court with just 50 votes. Had the six absent Republicans—including Braun—been present and voted no, the nomination would have likely failed.
Hours before the vote, Harris departed Washington, D.C., for a weeklong trip to Hawaii, leaving Democrats without a tiebreaker.
Two of the other missing Republicans, Sens. Hagerty and Ted Cruz of Texas, were with Trump and Elon Musk in Texas to watch a SpaceX rocket launch.
Senate records show Indiana U.S. Sen. Todd Young voted against all four judges that were ultimately confirmed this week.
Senate Republicans have since lashed out at their missing colleagues and emphasized that perfect attendance will be needed moving forward in order to block additional nominees.
Trump—who earlier this month urged GOP senators not to allow any judicial confirmations in the final weeks of President Joe Biden’s administration—called on absent officials to “show up.”
“The Democrats are trying to stack the Courts with Radical Left Judges on their way out the door,” Trump said in a Wednesday post on X, formerly Twitter. “Republican Senators need to Show Up and Hold the Line – No more judges confirmed before Inauguration Day!”
West Virginia Sen. Shelley Moore Capito, a member of Republican leadership, further said that under full attendance, “we would be able to at least make a shot” at preventing some of the pending Democrat picks from getting confirmed.
“If we don’t show up, we lose,” added North Carolina GOP Sen. Thom Tillis, speaking to national reporters on Tuesday. “I don’t care what the reasons were. We have fewer than 15 scheduled legislative days. You have to show up. Period. End of story. There’s nothing more important.”
When asked about obligations that senators like Braun have had outside Capitol Hill, Tillis said, “I don’t care.”
“They’re U.S. senators today,” Tillis continued, adding that he’s “very angry” about the latest votes. “I don’t think it’s unreasonable to make damn sure we’re all there at the strike of the gavel.”
Axios reported Wednesday that Republican senators have discussed whether Braun should resign, allowing someone else to fill his seat. Indiana GOP U.S. Rep. Jim Banks is on deck, elected earlier this month to take Braun’s place.
It’s unclear whether that will actually happen. Currently, Banks’ swearing in is set for January.
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