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Senate confirms Trump judicial pick over objections of home-state senator

Senate confirms Trump judicial pick over objections of home-state senator
© Victoria Sarno Jordan

The Senate approved one of President TrumpDonald TrumpProject Veritas surveilled government officials to expose anti-Trump sentiments: report Cheney: Fox News has 'a particular obligation' to refute election fraud claims The Memo: What now for anti-Trump Republicans? MORE's circuit court nominees on Thursday over the objections of his home-state senator, Sen. Tammy BaldwinTammy Suzanne BaldwinSenate Democrats offer bill to scrap tax break for investment managers Senate Democrats push Biden over raising refugee cap House Dems to unveil drug pricing measure ahead of Biden package MORE (D-Wis.).

Senators voted 49-46 to approve Michael Brennan's nomination to be a judge on the 7th Circuit Court of Appeals. 

Only a simple majority was needed to approve Brennan, who appeared to have a lock on confirmation after clearing a procedural hurdle earlier this week. 

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But the move enraged Democrats, who accused Republicans of bending the Senate's rules by voting on Brennan despite Baldwin not returning a "blue slip" on the nominee.

Minority Leader Charles SchumerChuck SchumerBiden 'encouraged' by meeting with congressional leaders on infrastructure Republicans welcome the chance to work with Democrats on a bipartisan infrastructure bill Cheney sideshow distracts from important battle over Democrats' partisan voting bill MORE (D-N.Y.) called the action a "slap in the face" of Senate custom and bipartisanship. 

"How is Sen. Baldwin’s right to consult on judges for her state any less important than Sen. Johnson’s? It’s mind-bending hypocrisy. It’s an appalling double standard," he said.

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, known as a blue slip, to the Judiciary Committee.

But how strictly the precedent is upheld is decided by the Judiciary Committee chairman — in this case, Sen. Chuck GrassleyChuck GrassleyOn The Money: Biden says workers can't turn down job and get benefits | Treasury launches state and local aid | Businesses jump into vax push Grassley criticizes Biden's proposal to provide IRS with B The Hill's Morning Report - Presented by Facebook - Infrastructure, Cheney ouster on deck as Congress returns MORE (R-Iowa) — and enforcement has varied over the year.

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Baldwin didn't return her blue slip for Brennan's nomination, saying he failed to win the support of a nominating commission. 

Sen. Ron JohnsonRonald (Ron) Harold JohnsonImmigration experts say GOP senators questioned DHS secretary with misleading chart GOP split on counteroffer to Biden's spending Rand Paul clashes with Fauci over coronavirus origins MORE (R-Wis.) previously refused to return a blue slip for an Obama-nominee for the seat, Victoria Nourse. She eventually withdrew her nomination. 

Brennan is the second circuit judge the Republican Senate has confirmed over the objections of a home-state senator. 

The Senate confirmed David Stras to serve on the U.S. Court of Appeals for the 8th Circuit in January, making him the first Trump nominee to be confirmed despite a missing blue slip.

Then-Sen. Al FrankenAlan (Al) Stuart FrankenMaher chides Democrats: We 'suck the fun out of everything' Why Caitlyn Jenner should not be dismissed #MeWho? The hypocritical silence of Kamala Harris MORE (D-Minn.) refused to return his blue slip on Stras's nomination. Sen. Amy KlobucharAmy Klobuchar Klobuchar offers tribute to her father, who died Wednesday The Hill's Morning Report - Presented by Facebook - Cheney poised to be ousted; Biden to host big meeting Senate panel deadlocks in vote on sweeping elections bill MORE (D-Minn.) returned her blue slip.

Sen. Tina SmithTina Flint SmithSenate Democrats push Biden over raising refugee cap Sharpton eulogizes Daunte Wright: 'Tags of racism' have expired Hawley votes against anti-Asian hate crime bill MORE (D-Minn.), Franken's successor, voted against Stras's nomination. 

Grassley defended his decision to move forward with circuit court nominees even if home-state senators object.

"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 this week.