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North Carolina

Trump Nominated Two Federal Judges for North Carolina

The president named Brian S. Myers and Philip Aubart to fill lifetime judicial vacancies in North Carolina.

Updated on Oct. 1, 2026 in Law

Bold flat-color editorial illustration of a neoclassical stone courthouse facade, representing federal judicial appointments.
President Donald Trump has nominated Brian S. Myers and Philip Aubart to fill lifetime federal judicial vacancies in North Carolina, with the support of Senators Thom Tillis and Ted Budd. AI Illustration. Upload story photo >

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President Donald Trump has nominated Brian S. Myers and Philip Aubart to serve as federal judges in North Carolina. U.S. Senators Ted Budd and Thom Tillis have announced their support for the nominations as the administration seeks to fill vacancies before the November 2026 elections.

Why it matters

Federal judges receive lifetime appointments, and these nominations follow resignations from Republican judges aimed at ensuring replacements are seated before the upcoming congressional elections. Support from home-state senators is critical to advancing these nominations through the U.S. Senate.

The nominees seek lifetime appointments to the federal bench. Republicans currently hold 53 seats in the U.S. Senate, which is required for the approval of presidential judicial nominations.

The players

Donald Trump

Donald Trump is the current President of the United States.

Brian S. Myers

Brian S. Myers is a magistrate in the Eastern District of North Carolina and a former chief of staff to Bobby Higdon.

Philip Aubart

Philip Aubart is a federal prosecutor and a JAG lawyer in the Army Reserves who is currently prosecuting James Comey.

Ted Budd

Ted Budd is a U.S. Senator representing North Carolina who expressed support for the judicial nominations.

Thom Tillis

Thom Tillis is a U.S. Senator representing North Carolina who expressed support for the judicial nominations.

The details

Brian S. Myers currently serves as a magistrate in the Eastern District of North Carolina and previously acted as chief of staff to Bobby Higdon. Philip Aubart, a federal prosecutor in the Eastern District and a JAG lawyer in the Army Reserves, is involved in the prosecution of former FBI director James Comey, who faces charges for posting a photo of seashells on social media.

Timeline

  1. October 1, 2026: President Trump nominated two new federal judges.

  2. May 2026: Philip Aubart became the lead prosecutor for the Comey case.

  3. November 2026: Congressional elections are scheduled to take place.

  4. Early 2027: The trial of James Comey is set to occur.

Political Context

The appointment process follows the requirements of the U.S. Constitution's Article III lifetime judicial appointment provision. Opposition leaders often challenge the speed of such confirmations when they occur immediately preceding a major election cycle.

These judicial appointments impact North Carolina residents by shaping the federal court system that handles cases in the Eastern and Middle districts. The lifetime nature of these positions means these judges will influence regional legal interpretations for decades to come.

The takeaway

These nominations represent a strategic effort by the administration to secure long-term influence within the federal judiciary. Residents can expect these appointments to influence local court proceedings following the upcoming election.

What happens next

The trial of James Comey, involving nominee Philip Aubart, is scheduled to take place in early 2027.

Further reading

For more on legal developments, visit the North Carolina Law section.

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Should federal judges be appointed by presidents ahead of looming congressional elections?