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

Sen. Sherrod BrownSherrod Campbell BrownHillary Clinton has said she'd consider 2020 race if she thought she could win: report Democrats jump into Trump turf war over student loans Critics pounce as Facebook crypto project stumbles MORE (D-Ohio) on Friday said he will not sign off on two of President TrumpDonald John TrumpGraham to introduce resolution condemning House impeachment inquiry Support for impeachment inches up in poll Fox News's Bret Baier calls Trump's attacks on media 'a problem' 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.

ADVERTISEMENT

 

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 GrassleyMulvaney faces uncertain future after public gaffes State cites 38 people for violations in Clinton email review Lawmakers from both sides of the aisle mourn Cummings 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 BaldwinFederal funding for Chinese buses risks our national security Democrats threaten to withhold defense votes over wall The Trump downturn: Trouble ahead for the US economy 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 FrankenTake Trump literally and seriously in Minnesota Ninth woman accuses Al Franken of inappropriate contact Al Franken to host SiriusXM radio show MORE (D-Minn.) refused to return his blue slip on Stras's nomination. Sen. Tina SmithTina Flint SmithRural broadband in jeopardy unless Congress fixes taxing problem Overnight Defense — Presented by Boeing — House passes resolution rebuking Trump over Syria | Sparks fly at White House meeting on Syria | Dems say Trump called Pelosi a 'third-rate politician' | Trump, Graham trade jabs Senate confirms Trump's Air Force secretary pick 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 MerkleyOvernight Defense: Trump's Syria envoy wasn't consulted on withdrawal | McConnell offers resolution urging Trump to rethink Syria | Diplomat says Ukraine aid was tied to political investigations Trump's Syria envoy says he wasn't consulted on troop withdrawal Democrats introduce SWAMP Act to ban meetings with foreign leaders at Trump properties MORE (Ore.) and Ron WydenRonald (Ron) Lee WydenHouse passes bill taking aim at anonymous shell companies Senate Democrats to force vote Wednesday to overturn IRS rules on SALT deduction cap Hillicon Valley: Facebook removes Russian, Iranian accounts trying to interfere in 2020 | Zuckerberg on public relations blitz | Uncertainty over Huawei ban one month out 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.