Senate Confirms CIT Judge to USDA Role; Questions Remain on Judge's Docket
Stephen Vaden, current judge on the Court of International Trade, was confirmed by the U.S. Senate to serve as deputy secretary of agriculture. The Senate confirmed Vaden with a 51-44 vote split exactly down party lines. Five senators -- Ted Budd, R-N.C., Jon Ossoff, R-Ga., Thom Tillis R-N.C., Ruben Gallego, D-Ariz., and Jack Reed, D-R.I., -- didn't take part in the vote.
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As of his confirmation, Vaden hasn't resigned from his position on the trade court, and neither Vaden nor CIT Chief Judge Mark Barnett responded to a request for comment on when the judge will resign or if he will issue decisions in all active cases before him prior to leaving the judiciary.
One such matter still pending before the judge is a customs suit filed by importer Cozy Comfort on the classification of its product, The Comfy (see 2501230059). Vaden presided over a five-day bench trial in the case in October 2024, though he has yet to issue a decision. Christopher Duncan, counsel for Cozy Comfort, said the court could either reassign the case and have another CIT judge decide the issues based on the current briefing and trial, or it can retry the case. However, Duncan dubbed a retrial to be the "worst case scenario."
Duncan said he's hoping a decision will be issued by the end of the week.
Vaden was confirmed to the trade court in 2020, following his appointment to the bench by President Donald Trump during his first administration. Prior to joining the court, Vaden served as general counsel at USDA -- the agency he now returns to as deputy secretary.