The Senate confirmed President TrumpDonald John TrumpMark Kelly clinches Democratic Senate nod in Arizona Trump camp considering White House South Lawn for convention speech: reports Longtime Rep. Lacy Clay defeated in Missouri Democratic primary MORE's nominee for the 9th Circuit Court of Appeals on Tuesday despite objections from both home-state senators. 
 
Senators split in a 53-45 vote along party lines to confirm Daniel Bress as a judge to the San Francisco-based appeals court. Sen. Kirsten GillibrandKirsten GillibrandBiden should pick the best person for the job — not the best woman Overnight Defense: Guardsman to testify Lafayette Square clearing was 'unprovoked escalation' | Dems push for controversial Pentagon nominee to withdraw | Watchdog says Pentagon not considering climate change risks to contractors Democrats urge controversial Pentagon policy nominee to withdraw MORE (D-N.Y.) and Sen. Bernie SandersBernie SandersLongtime Rep. Lacy Clay defeated in Missouri Democratic primary Hillicon Valley: NSA warns of new security threats | Teen accused of Twitter hack pleads not guilty | Experts warn of mail-in voting misinformation Schiff, Khanna call for free masks for all Americans in coronavirus aid package MORE (I-Vt.), both of whom are running for president, didn't vote. 
 
ADVERTISEMENT
 
"I’m very disappointed that Republican leadership decided to schedule a vote on Mr. Bress's nomination given both of our objections to his nomination and our concerns about a lack of connection to our state," Feinstein said ahead of Tuesday's vote to confirm Bress. 
 
In addition the blue-slip fight, Feinstein raised concerns that Bress doesn't have sufficient ties to California to be appointed to one of the state's seats on the 9th Circuit. 
 
Harris, in a tweet after the vote, called Bress's confirmation a "degradation of Senate institutional norms at the hands of Republican leaders." 
 
The blue-slip rule — a precedent upheld by Senate tradition — has historically allowed a home-state senator to stop a lower court nominee from being confirmed by refusing to return the blue slip to the Judiciary Committee. How strictly the precedent is upheld is decided by the committee chairman, and enforcement has varied depending on who wields the gavel.
 
But Republicans argue that the blue slip, a sheet of paper that indicates whether a senator supports a nominee, shouldn't be allowed to blackball an appeals court pick because circuits cover multiple states. 
 
Bress is the 42nd Trump circuit court nominee confirmed by the Senate since 2017, as Republicans have set a record pace for sending picks to the influential courts. 
 
He's also one of several nominations Republicans have moved despite objections from both home-state senators, including confirming Daniel Collins and Kenneth Lee to California seats on the 9th Circuit. 
 
Neither Feinstein nor Harris supported any of their nominations to the 9th Circuit.
 
Republicans praised Trump's pick for the court, which has been a perennial source of annoyance for conservatives who view it as too liberal and too large. 
 

Sen. Lindsey GrahamLindsey Olin GrahamThe Hill's Campaign Report: Even the Post Office is political now | Primary action tonight | Super PACS at war Graham leads Democratic challenger Harrison by 1 point in South Carolina: poll The Global Fragility Act provides the tools to address long-term impacts of COVID MORE (R-S.C.) called Bress a "fine man," adding that he's "very pleased that the United States Senate has confirmed Daniel Bress to the 9th Circuit Court of Appeals."