Acting Attorney General Todd Blanche faces an uncertain path to permanent confirmation as two Republican senators from red states have vowed to oppose his nomination, sparking fierce backlash from conservative critics who point to their past support for a Biden-era nominee for the same position.
Sens. John Cornyn of Texas and Thom Tillis of North Carolina both confirmed former Attorney General Merrick Garland when President Joe Biden nominated him in 2021. Both senators characterized Garland as experienced and bipartisan at the time, praising his legal credentials and commitment to keeping politics out of the Department of Justice. However, both are now refusing to support Blanche's confirmation to permanently fill the role he has held on an acting basis.
What the Left Is Saying
Senate Democrats have largely remained quiet about the Republican internal dispute over Blanche's nomination. Some progressive critics who opposed Garland during his confirmation have noted the irony that establishment Republicans who once praised Garland are now blocking a Trump nominee they view as equally qualified. However, most Democratic senators appear content to let the intra-party GOP fight unfold without direct commentary, as the outcome does not require bipartisan support given Republican control of the Senate.
What the Right Is Saying
Conservative critics have directed sharp criticism at Cornyn and Tillis for their opposition to Blanche. Mike Howell, president of the Oversight Project, said: "Both Tillis and Cornyn voted to confirm Garland and then sat back idly as a weaponized DOJ/FBI destroyed lives for purely partisan reasons. The Anti-Weaponization Fund would begin to right the wrongs and that is why they oppose Todd Blanche. Pitiful."
Columnist Mark Davis noted their past support for Garland: "As John Cornyn and Thom Tillis high-five each other in their attempt to block Trump's AG pick Todd Blanche, never forget that they both voted to confirm Merrick Garland," he wrote.
Breitbart's Matthew Boyle pointed to Cornyn's primary loss as evidence of voter rejection: "Pretty incredible that John Cornyn is proving us exactly correct about him after he lost his primary by close to 30 points. Everything we said about him is being proven 1000 percent correct."
Julie Kelly highlighted Cornyn's 2021 speech praising Garland: "Flashback to when John Cornyn gave a full throated endorsement of Merrick Garland so he could 'depoliticize' the DOJ," she posted.
President Trump weighed in on Truth Social: "Todd Blanche is a STAR, and everyone knows it! He has the potential to go down as one of the Greatest Attorney Generals of All Time. However, John Cornyn, of Texas, and Thom Tillis, of North Carolina, both of whom I refused to Endorse, and whose political careers have been ended by my action, are refusing to vote for this Great Nominee."
Cornyn and Tillis have not publicly responded to the criticism. Cornyn lost his Republican primary in June to former Texas Attorney General Ken Paxton, who was backed by Trump. Tillis announced last year he would not seek reelection.
What the Numbers Show
Both Cornyn and Tillis voted to confirm Merrick Garland in March 2021. The Senate confirmed Garland in a 70-30 vote, with significant Republican support including both senators now opposing Blanche. At that time, Cornyn said: "Judge Garland's extensive legal experience makes him well-suited to lead the Department of Justice." Tillis stated he had "no doubt he will serve with integrity" and would protect constitutional rights.
During Garland's tenure under Biden, the DOJ prosecuted pro-life activists and investigated certain religious groups as potential violent extremists. The department also brought two criminal indictments against Trump in 2023 and 2024. Cornyn lost his primary by approximately 30 points to Paxton in June 2026. Both senators depart the Senate in January when their terms expire.
The Bottom Line
The standoff between Trump-aligned conservatives and the departing senators highlights ongoing tensions within the Republican Party over DOJ reform priorities. Blanche continues to serve as Acting Attorney General regardless of confirmation outcome, giving him de facto authority over the department. However, a permanent confirmation would remove any questions about his long-term authority and ability to implement Trump's agenda without acting status limitations.
The next steps remain unclear. Cornyn and Tillis have until January to serve out their terms, meaning they could maintain their opposition through the end of the 118th Congress. Trump suggested he may withdraw Blanche's nomination until after both senators leave office rather than push for a confirmation vote with their opposition.