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

Sen. Sherrod BrownSherrod Campbell BrownTrump-Pelosi trade deal creates strife among progressives Democrats question fairness of Senate trial after Graham, McConnell statements Sunday shows - Republicans, Democrats maneuver ahead of House impeachment vote MORE (D-Ohio) on Friday said he will not sign off on two of President TrumpDonald John TrumpDems want tougher language on election security in defense bill Five aides to Van Drew resign ahead of his formal switch to GOP The myth of the conservative bestseller 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 GrassleyGrassley urges White House to help farmers in year-end tax talks The Hill's Morning Report — Sponsored by AdvaMed — House panel delays impeachment vote until Friday The Hill's Morning Report - Sponsored by AdvaMed - House panel expected to approve impeachment articles Thursday 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 BaldwinIt's time for Congress to establish a national mental health crisis number The Hill's Morning Report - Presented by Better Medicare Alliance - Dems unveil impeachment measure; Vindman splits GOP The Hill's Morning Report - Presented by Better Medicare Alliance - Dems shift strategy on impeachment vote 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 FrankenLankford to be named next Senate Ethics chairman The job no GOP senator wants: 'I'd rather have a root canal' Take Trump literally and seriously in Minnesota MORE (D-Minn.) refused to return his blue slip on Stras's nomination. Sen. Tina SmithTina Flint SmithDemocrats will win back the Senate majority in 2020, all thanks to President Trump On The Money: Fed faces crossroads as it weighs third rate cut | Dem presses Mnuchin on 'alleged rampant corruption' | Boeing chief faces anger at hearing | Trouble for House deal on Ex-Im Bank Democrats renew push for contractor back pay from government shutdown 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 MerkleyMcConnell says he's 'honored' to be WholeFoods Magazine's 2019 'Person of the Year' Overnight Energy: Protesters plan Black Friday climate strike | 'Father of EPA' dies | Democrats push EPA to abandon methane rollback Warren bill would revoke Medals of Honor for Wounded Knee massacre MORE (Ore.) and Ron WydenRonald (Ron) Lee WydenAdvocates call for ObamaCare open enrollment extension after website glitches Trump-Pelosi trade deal creates strife among progressives The Hill's Morning Report — Sponsored by AdvaMed — House panel delays impeachment vote until Friday 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.