Senate confirms Trump judicial pick over objections of home-state senator

Senate confirms Trump judicial pick over objections of home-state senator
© Victoria Sarno Jordan

The Senate approved one of President TrumpDonald John TrumpSchiff: Surveillance warrant docs show that Nunes memo 'misrepresented and distorted these applications' Chicago detention facility under investigation following allegations of abuse of migrant children Ex-Trump aide: Surveillance warrants are 'complete ignorance' and 'insanity' MORE's circuit court nominees on Thursday over the objections of his home-state senator, Sen. Tammy BaldwinTammy Suzanne BaldwinHistory argues for Democratic Senate gains Controversial Trump judicial nominee withdraws Election Countdown: Senate, House Dems build cash advantage | 2020 Dems slam Trump over Putin presser | Trump has M in war chest | Republican blasts parents for donating to rival | Ocasio-Cortez, Sanders to campaign in Kansas MORE (D-Wis.).

Senators voted 49-46 to approve Michael Brennan's nomination to be a judge on the 7th Circuit Court of Appeals. 

Only a simple majority was needed to approve Brennan, who appeared to have a lock on confirmation after clearing a procedural hurdle earlier this week. 

But the move enraged Democrats, who accused Republicans of bending the Senate's rules by voting on Brennan despite Baldwin not returning a "blue slip" on the nominee.

Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerData confirm that marijuana decriminalization is long overdue Pollster: Kavanaugh will get Dem votes Democrats slam Trump for considering Putin’s ’absurd’ request to question Americans MORE (D-N.Y.) called the action a "slap in the face" of Senate custom and bipartisanship. 

"How is Sen. Baldwin’s right to consult on judges for her state any less important than Sen. Johnson’s? It’s mind-bending hypocrisy. It’s an appalling double standard," he said.

The "blue-slip" rule — a precedent upheld by Senate tradition — has historically allowed a home-state senator to stop a lower-court nominee by refusing to return a sheet of paper, known as a blue slip, to the Judiciary Committee.

But how strictly the precedent is upheld is decided by the Judiciary Committee chairman — in this case, Sen. Chuck GrassleyCharles (Chuck) Ernest GrassleyKavanaugh returns questionnaire to Senate panel Sunk judicial pick spills over into Supreme Court fight Andrew Wheeler must reverse damage to American heartland MORE (R-Iowa) — and enforcement has varied over the year.

Baldwin didn't return her blue slip for Brennan's nomination, saying he failed to win the support of a nominating commission. 

Sen. Ron JohnsonRonald (Ron) Harold JohnsonOn The Money: Trump 'ready' for tariffs on all 0B in Chinese goods | Trump digs in on Fed criticism | Lawmakers drop plans to challenge Trump ZTE deal Juan Williams: Putin wins as GOP spins GOP senator: Harley-Davidson is right to move some production overseas MORE (R-Wis.) previously refused to return a blue slip for an Obama-nominee for the seat, Victoria Nourse. She eventually withdrew her nomination. 

Brennan is the second circuit judge the Republican Senate has confirmed over the objections of a home-state senator. 

The Senate confirmed David Stras to serve on the U.S. Court of Appeals for the 8th Circuit in January, making him the first Trump nominee to be confirmed despite a missing blue slip.

Then-Sen. Al FrankenAlan (Al) Stuart FrankenControversial Trump judicial nominee withdraws AP Analysis: 25 state lawmakers running in 2018 have been accused of sexual misconduct Franken offers Dems a line of questioning for Kavanaugh's 'weirdly specific bit of bulls---' MORE (D-Minn.) refused to return his blue slip on Stras's nomination. Sen. Amy KlobucharAmy Jean KlobucharGOP seeks separation from Trump on Russia Hillicon Valley: EU hits Google with record B fine | Trump tries to clarify Russia remarks | Sinclair changing deal to win over FCC | Election security bill gets traction | Robocall firm exposed voter data Election security bill picks up new support in Senate MORE (D-Minn.) returned her blue slip.

Sen. Tina SmithTina Flint SmithCVS Health CEO 'surprised' by Azar's comments on drug prices Overnight Health Care: Kentucky gov cancels Medicaid dental, vision benefits | Collins voices skepticism court will overturn Roe v. Wade | Dems press 'middlemen' on drug costs Pair of Dem senators probe drug pricing 'middlemen,' distributors over high costs MORE (D-Minn.), Franken's successor, voted against Stras's nomination. 

Grassley defended his decision to move forward with circuit court nominees even if home-state senators object.

"First, it is completely false that I have 'done away' with the blue-slip courtesy. My blue-slip policy is the same as all but two of my 18 predecessors," Grassley said this week.