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

Sen. Sherrod BrownSherrod Campbell BrownOn The Money: Deficit hits six-year high of 9 billion | Yellen says Trump attacks threaten Fed | Affordable housing set for spotlight in 2020 race Lawmakers, Wall Street shrug off Trump's escalating Fed attacks The Hill's Morning Report — Presented by PhRMA — Dem victories in `18 will not calm party turbulence MORE (D-Ohio) on Friday said he will not sign off on two of President TrumpDonald John TrumpDemocrats slide in battle for Senate Trump believes Kushner relationship with Saudi crown prince a liability: report Christine Blasey Ford to be honored by Palo Alto City Council 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 GrassleyGOP plays hardball in race to confirm Trump's court picks Trump officials ratchet up drug pricing fight Dems angered by GOP plan to hold judicial hearings in October 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 BaldwinObama to campaign for Dems in Wisconsin Treasury sets politics aside, admits China isn't a currency manipulator Hillicon Valley: Facebook deletes accounts for political 'spam' | Leaked research shows Google's struggles with online free speech | Trump's praise for North Korea complicates cyber deterrence | Senators want Google memo on privacy bug 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 FrankenGOP lawmaker once belittled sexual harassment: 'How traumatizing was it?' Meet the man poised to battle Dems from the White House Minnesota GOP Senate candidate compared Michelle Obama to a chimp in Facebook post MORE (D-Minn.) refused to return his blue slip on Stras's nomination. Sen. Tina SmithTina Flint SmithMinnesota GOP Senate candidate compared Michelle Obama to a chimp in Facebook post Minnesota Dems worry about Ellison allegations as state AG race tightens Election Countdown: Minnesota Dems worry Ellison allegations could cost them key race | Dems struggle to mobilize Latino voters | Takeaways from Tennessee Senate debate | Poll puts Cruz up 9 in Texas 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 MerkleySanders, Harris set to criss-cross Iowa Dem senator calls for US action after 'preposterous' Saudi explanation Graham: Saudi’s findings on slain journalist not 'credible' MORE (Ore.) and Ron WydenRonald (Ron) Lee WydenOvernight Health Care — Presented by Purdue Pharma — Trump says GOP will support pre-existing condition protections | McConnell defends ObamaCare lawsuit | Dems raise new questions for HHS on child separations Republicans should prepare for Nancy Pelosi to wield the gavel US to open trade talks with Japan, EU, UK 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.