Senate barrels toward showdown over Trump's court picks

The Senate is bracing for an end-of-the-year brawl over President TrumpDonald John TrumpNew Bob Woodward book will include details of 25 personal letters between Trump and Kim Jong Un On The Money: Pelosi, Mnuchin talk but make no progress on ending stalemate | Trump grabs 'third rail' of politics with payroll tax pause | Trump uses racist tropes to pitch fair housing repeal to 'suburban housewife' Biden commemorates anniversary of Charlottesville 'Unite the Right' rally: 'We are in a battle for the soul of our nation' MORE's judicial nominations.

Republicans view filling the lifetime court seats as their top priority and are expected to confirm as many nominees as possible before the Senate adjourns for the year, infuriating Democrats and their allies who are powerless to stop Trump’s picks.

Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellOn The Money: Pelosi, Mnuchin talk but make no progress on ending stalemate | Trump grabs 'third rail' of politics with payroll tax pause | Trump uses racist tropes to pitch fair housing repeal to 'suburban housewife' Pelosi, Mnuchin talk but make no progress on ending stalemate Democrats say White House isn't budging in coronavirus relief stalemate MORE (R-Ky.) is already teeing up votes for two nominations — Jonathan Kobes to be an 8th Circuit Court judge and Thomas Farr to be a district court judge — for when senators return from their Thanksgiving recess.

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And Republicans expect McConnell to barrel through more nominations before Dec. 14, the chamber’s target date to wrap up their work for the year.

“That’s Sen. McConnell’s No. 1 priority is to continue to move judges,” said Sen. John CornynJohn CornynEnough legal games — we need to unleash American energy Three pros and three cons to Biden picking Harris The Hill's 12:30 Report - Speculation over Biden's running mate announcement MORE (R-Texas), the second-ranking Republican.

There are 35 judicial nominees available for votes on the Senate calendar, leaving more nominations than days left in the Senate’s work schedule to confirm the picks.

McConnell has pledged that he will move each of Trump’s nominees who are out of committee by the end of the year. If he's going to make good on that plan, he'll either need a final nominations package or keep the Senate in session through the holidays.

Sen. Tom CottonTom Bryant CottonDavis: The Hall of Shame for GOP senators who remain silent on Donald Trump China sanctioning Rubio, Cruz in retaliatory move over Hong Kong The Hill's Morning Report - Presented by Facebook - Negotiators signal relief bill stuck, not dead MORE (R-Ark.) said McConnell has pledged he won’t leave any court nominees behind, adding that it was up to Democrats to determine when they wanted to leave town.

“It’s really up to them whether they want to confirm those on Christmas Eve or New Year’s Eve, or whether they want to confirm them earlier in December by yielding back the time,” Cotton told radio host Hugh Hewitt.

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Republicans have been confirming Trump’s judicial nominees at a rapid clip, setting a record for the number of appeals judges confirmed during the first two years of an administration.

McConnell recently touted the record number of circuit judges at the Federalist Society’s Antonin Scalia Memorial Dinner, adding that “there will be more before the end of this current Congress.”

Though Republicans have the first unified GOP government in a decade, McConnell says he views judicial nominations as the party’s best chance of having a long-term impact on the direction of the country.

Underscoring the importance on the nominations, the issue came up during a recent White House meeting between Trump, McConnell, Sen. Richard ShelbyRichard Craig ShelbyDavis: The Hall of Shame for GOP senators who remain silent on Donald Trump Wary GOP eyes Meadows shift from brick-thrower to dealmaker On The Money: Pessimism grows as coronavirus talks go down to the wire | Jobs report poised to light fire under COVID-19 talks | Tax preparers warn unemployment recipients could owe IRS MORE (R-Ala.) and Sen. John ThuneJohn Randolph ThuneTrump grabs 'third rail' of politics with payroll tax pause Davis: The Hall of Shame for GOP senators who remain silent on Donald Trump Trump says he'll accept nomination from either White House or Gettysburg MORE (R-S.D.) to discuss the end-of-the-year agenda.

“McConnell discussed that that was one of his priorities and how important it was,” Shelby said after the meeting.

The GOP’s hardball tactics have infuriated Democrats and their allies, who cannot stop Trump’s picks without help from Republicans.

People for the American Way Executive Vice President Marge Baker called Kobes and Farr the latest examples of Judiciary Committee Chairman Chuck GrassleyCharles (Chuck) Ernest GrassleyThe Hill's Morning Report - Presented by Facebook - The choice: Biden-Harris vs. Trump-Pence Trump grabs 'third rail' of politics with payroll tax pause On The Money: McConnell says it's time to restart coronavirus talks | New report finds majority of Americans support merger moratorium | Corporate bankruptcies on pace for 10-year high MORE (R-Iowa) and McConnell's “reckless and irresponsible approach to rubber stamping Trump’s dangerous judicial nominations,” adding that the two senators “have debased the Senate in pursuit of their ultra-partisan agenda.”

Sen. Elizabeth WarrenElizabeth WarrenNew poll shows Markey with wide lead over Kennedy in Massachusetts Trump and allies grapple with how to target Harris Chris Wallace: Kamala Harris 'not far to the left despite what Republicans are gonna try to say' MORE (D-Mass.) seized on McConnell’s decision to tee up Farr’s nomination, saying he was making a “last-ditch effort” and warning that Farr, if confirmed, will “keep working to disenfranchise African Americans and communities of color.”

Tensions have been running high for months over judicial nominations, with Republicans accusing Democrats of “obstruction” and Democrats arguing McConnell and Grassley are destroying Senate norms in order to fill the courts with conservative judges.

The frustrations boiled over during Supreme Court Justice Brett KavanaughBrett Michael KavanaughBiden hits back after Trump's attacks on Harris Trump and allies grapple with how to target Harris Joe Biden played it safe MORE’s confirmation fight, with Sen. John KennedyJohn Neely KennedyMORE (R-La.) acknowledging that relations on the Judiciary Committee are still “a little tense.”

But Democrats are powerless to stop Trump’s nominees on their own after they went nuclear in 2013 and lowered the 60-vote filibuster for most nominations to a simple majority. Republicans followed suit in 2017 and nixed the 60-vote hurdle for Supreme Court picks.

In a further blow to Democrats, Grassley is moving circuit court nominees over the objection of home-state senators. The Senate has confirmed nominees even though one home-state senator didn’t return their blue slip, a sheet of paper that indicates if they support the nomination.

But if Republicans want to max out the number of judicial nominees they could confirm they’ll need to defuse a fight with a member of their own party: Sen. Jeff FlakeJeffrey (Jeff) Lane FlakeCheney clashes with Trump Sessions-Tuberville Senate runoff heats up in Alabama GOP lawmakers stick to Trump amid new criticism MORE (Ariz.).

Flake, who is retiring in January, is refusing to support judicial nominees until he gets a vote on legislation protecting special counsel Robert MuellerRobert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout MORE.

“The hope here is that we bring this to a vote and that we can approve some more judges,” Flake said. “There’s a circuit court judge that I helped get nominated that we would like to see on the 9th Circuit. She’s noncontroversial. There are other noncontroversial judges that we ought to be moving through, but the priority here has to be to protect the special counsel.”

No Republicans have said that they will help Flake block nominations on the Senate floor, but the party holds an 11-10 majority on Judiciary Committee meaning controversial nominations, which are regularly passed along party lines, will be blocked at committee level until Republicans can appease Flake or win over a Democrat.

Sen. Dick DurbinRichard (Dick) Joseph DurbinDemocrats ramp up warnings on Russian election meddling The Hill's Morning Report - Presented by Facebook - Negotiators signal relief bill stuck, not dead White House officials, Democrats spar over legality, substance of executive orders MORE (D-Ill.), a member of the panel, praised Flake’s tactics, saying he has “struck at the heart of the Republican agenda.”

“They are more determined to approve judges than anything else that they’re working on,” Durbin said.

Republicans discussed how to break Flake’s impasse during their final closed-door caucus lunch before the Thanksgiving recess, but didn’t reach a decision. A GOP senator suggested giving him a symbolic, nonbinding “sense of the Senate” vote, but Flake rejected that offer.

It’s not the first time Flake has issued an ultimatum over judicial nominations. He briefly opposed circuit court picks over Trump’s tariff policy but dropped his opposition when he got a procedural vote related to trade policy.

With Flake on his way out, McConnell could simply wait until next year. If a nominee isn’t confirmed by the end of the year, the White House needs to renominate that person — a timely, but not fatal, process.

Republicans will have anywhere from a 52- to 53-seat majority next year. Florida Gov. Rick Scott (R) clinched a victory over Democratic Sen. Bill NelsonClarence (Bill) William Nelson Trump, facing trouble in Florida, goes all in NASA names DC headquarters after agency's first Black female engineer Mary W. Jackson NASA, SpaceX and the private-public partnership that caused the flight of the Crew Dragon MORE on Sunday. In Mississippi, Sen. Cindy Hyde-Smith (R) and Mike Espy (D) are battling in a runoff scheduled for Nov. 27.

McConnell noted during the Federalist Society event that the Senate was in the “personnel business” and that Republicans would have an “enhanced majority” to confirm judges next year.

“The American people have smiled on the Senate … we’re going to keep doing it for two more years,” he said.

And Sen. Lindsey GrahamLindsey Olin GrahamRon Johnson signals some GOP senators concerned about his Obama-era probes Democrats ramp up warnings on Russian election meddling Hillicon Valley: Facebook removed over 22 million posts for hate speech in second quarter | Republicans introduce bill to defend universities against hackers targeting COVID-19 research | Facebook's Sandberg backs Harris as VP pick MORE (R-S.C.), who’s expected to take over as Judiciary Committee chairman next year, pledged that he would work to confirm conservative judges if colleagues pick him to lead the panel.

“If I am fortunate enough to be selected by my colleagues to serve as chairman, I will push for the appointment and Senate confirmation of highly qualified conservative judges to the federal bench,” Graham said.