Dem senator won't return 'blue slip' for two Trump court picks
© Greg Nash

Sen. Sherrod BrownSherrod Campbell BrownOn The Money: Treasury misses second Dem deadline on Trump tax returns | Waters renews calls for impeachment | Dem wants Fed pick to apologize for calling Ohio cities 'armpits of America' | Stocks reach record high after long recovery Sherrod Brown asks Trump Fed pick why he referred to Cleveland, Cincinnati as 'armpits of America' Only four Dem senators have endorsed 2020 candidates MORE (D-Ohio) on Friday said he will not sign off on two of President TrumpDonald John TrumpForget the spin: Five unrefuted Mueller Report revelations Lara Trump: Merkel admitting migrants 'one of the worst things that ever happened to Germany' Financial satisfaction hits record high: survey MORE's judicial picks, escalating a long-simmering fight over nominations in the Senate. 

Brown said he will oppose the nominations of Chad Readler and Eric Murphy to serve on the 6th Circuit Court of Appeals. 

“I cannot support nominees who have actively worked to strip Ohioans of their rights. Special interests already have armies of lobbyists and lawyers on their side, they don’t need judges in their pockets," Brown said in a statement.

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Because Brown is the home state senator for both Readler and Murphy he will receive "blue slips" allowing him to indicate whether he supports the nominations. 

Jennifer Donohue, a spokeswoman for Brown, said that while the senator has not yet received the blue slips he does not plan to return them for either nominee. 

That will force Senate Judiciary Committee Chairman Chuck GrassleyCharles (Chuck) Ernest GrassleyCongress can retire the retirement crisis On The Money: Inside the Mueller report | Cain undeterred in push for Fed seat | Analysis finds modest boost to economy from new NAFTA | White House says deal will give auto sector B boost The 7 most interesting nuggets from the Mueller report MORE (R-Iowa) to decide if he will move forward with the nominations in the Judiciary Committee despite Brown's objections. 

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, the “blue slip,” to the Judiciary Committee.

But how strictly the precedent is followed is decided by the Judiciary Committee chairman — in this case, Grassley — and enforcement has varied over the years.

Donohue added that Brown "made very clear" to the White House that he couldn't support Readler or Murphy after meeting with them. 

"Senator Brown actively tried to work with the White House and offered alternative choices — including respected conservative lawyers. He remains willing to work with the White House on alternative candidates that he could support," she said.

Two of Trump's circuit court nominees have previously been confirmed by the Senate despite one of their home-state senators not returning a blue slip. 

Michael Brenna was confirmed to be a judge on the 7th Circuit Court of Appeals last month despite objections from Sen. Tammy BaldwinTammy Suzanne BaldwinOnly four Dem senators have endorsed 2020 candidates Democratic proposals to overhaul health care: A 2020 primer More than 30 Senate Dems ask Trump to reconsider Central American aid cuts MORE (D-Wis.), and David Stras was confirmed to serve on the U.S. Court of Appeals for the 8th Circuit in January.

Then-Sen. Al FrankenAlan (Al) Stuart FrankenBehar laments Franken resignation to Gillibrand: 'I really miss him now' Winners and losers from first fundraising quarter Election analyst says Gillibrand doesn't have 'horsepower to go the full distance' MORE (D-Minn.) refused to return his blue slip on Stras's nomination. Sen. Tina SmithTina Flint SmithGOP Senate campaign arm hits battleground-state Dems over 'Medicare for All,' Green New Deal Hillicon Valley: Washington preps for Mueller report | Barr to hold Thursday presser | Lawmakers dive into AI ethics | FCC chair moves to block China Mobile | Dem bill targets 'digital divide' | Microsoft denies request for facial recognition tech Dems introduce bill to tackle 'digital divide' MORE (D-Minn.), Franken's successor, voted against Stras's nomination.

The Senate Judiciary Committee also advanced Ryan Bounds's nomination this week to serve on the U.S. Court of Appeals for the 9th Circuit, despite the opposition of both home-state  Democratic Sens. Jeff MerkleyJeffrey (Jeff) Alan MerkleyCongress can open financial institutions to legal cannabis industry with SAFE Banking Act Only four Dem senators have endorsed 2020 candidates More than 30 Senate Dems ask Trump to reconsider Central American aid cuts MORE (Ore.) and Ron WydenRonald (Ron) Lee WydenCongress can retire the retirement crisis Dems accuse White House of caving to Trump's 'ego' on Russian meddling The difference between good and bad tax reform MORE (Ore.).

Republicans are confirming Trump's circuit court nominees at a record pace. They are poised to confirm more appeals court picks for Trump during his first two years than other recent presidents got in the same time period. 

Grassley has defended his tactics, saying he will move forward with a circuit court pick when he feels like senators are trying to use the blue slip to obstruct Trump's nominees. 

"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 last month.