Grassley, Dems step up battle over judicial nominees

Grassley, Dems step up battle over judicial nominees
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The battle between Senate Democrats and Senate Judiciary Committee Chairman Chuck GrassleyCharles (Chuck) Ernest GrassleyCollins says she will vote 'no' on Supreme Court nominee before election The Hill's Morning Report - Sponsored by Facebook - Trump, GOP allies prepare for SCOTUS nomination this week Gardner signals support for taking up Supreme Court nominee this year MORE (R-Iowa) over the “blue-slip rule” escalated this week, after another one of President TrumpDonald John TrumpOmar fires back at Trump over rally remarks: 'This is my country' Pelosi: Trump hurrying to fill SCOTUS seat so he can repeal ObamaCare Trump mocks Biden appearance, mask use ahead of first debate MORE’s judicial nominees advanced without the approval of both of their home-state senators

The blue-slip rule — which Democrats describe as a long-running Senate tradition Grassley has taken to ignore — has become a flashpoint for members on the Judiciary Committee. The committee has been tasked with considering the slew of nominees from the Trump administration, many of which have been controversial.

Sen. Dianne FeinsteinDianne Emiel FeinsteinBiden leads Trump by 12 points among Catholic voters: poll Names to watch as Trump picks Ginsburg replacement on Supreme Court McConnell says Trump nominee to replace Ginsburg will get Senate vote MORE (D-Calif.), the committee’s top Democrat, said that Grassley’s decision to hold nomination hearings and approve two nominees who lacked a blue slip from a home-state senator marked a landmark change in committee tradition.

Home-state senators have historically been able to block nominees by refusing to return a blue paper of approval to the committee. It’s a courtesy, rather than a formal Senate rule, and whether it’s followed is entirely up to whoever helms the Judiciary Committee — in this case, Grassley.

Last month, David Stras became the first appellate court nominee to be confirmed despite missing a blue slip. Grassley moved his nomination to the 8th Circuit Court of Appeals through the committee without the approval of then-Sen. Al FrankenAlan (Al) Stuart FrankenGOP Senate candidate says Trump, Republicans will surprise in Minnesota Peterson faces fight of his career in deep-red Minnesota district Getting tight — the psychology of cancel culture MORE (D-Minn.). 

Now another judicial nominee is headed to the floor. 

On Thursday, the committee voted 11-10, along party lines, to approve Michael Brennan to the 7th Circuit Court of Appeals.

Sen. Tammy BaldwinTammy Suzanne BaldwinKeep teachers in the classroom Cher raised million for Biden campaign at LGBTQ-themed fundraiser Democrats seek balance in backing protests, condemning violence MORE (D-Wis.) did not return her blue slip for Brennan because he failed to receive the requisite support from the state’s bipartisan commission that vets potential candidates for federal judgeships. 

Sen. Patrick LeahyPatrick Joseph LeahyBattle over timing complicates Democratic shutdown strategy Hillicon Valley: Russia 'amplifying' concerns around mail-in voting to undermine election | Facebook and Twitter take steps to limit Trump remarks on voting | Facebook to block political ads ahead of election Top Democrats press Trump to sanction Russian individuals over 2020 election interference efforts MORE (D-Vt.) appeared fed up Thursday that another nominee was advancing without both blue slips.  

“This basically says we don’t care which state you represent, you’re irrelevant as senators, we’ll forget the 100 years of senators having involvement,” he said. 

“I hope the senators realize what you’re doing,” he added. 

In a statement Friday, Baldwin said she’s disappointed Grassley endorsed Trump’s decision to disregard the Wisconsin Federal Nominating Commission.

“I fear yesterday’s vote has set a troubling precedent for the Judiciary Committee and the Senate,” she said.  

“Advancing this nomination without my blue slip sends the message to my colleagues that President Trump need not respect their roles as home-state Senators in the selection of judicial nominees.”                    

At Thursday’s hearing, the chairman said the lack of two positive blue slips wouldn’t necessarily prevent a circuit court nominee from receiving a hearing unless the White House failed to consult with home-state senators.

“This has been the policy of all but two of the 18 Senate Judiciary Committee chairmen over the last 100 years that the blue slip has been a practice of this committee,” he said.

“In the case that’s before us, the White House consulted with both Wisconsin senators. The White House considered two candidates suggested by Sen. Baldwin, but the president opted for Judge Brennan. That’s the president’s prerogative under the Constitution.”

The committee noted in an April memo that Leahy and the late Sen. James Eastland (D-Miss.) are the only senators that adhered to a strict two positive blue-slip policy before moving forward on a nominee.

“In fact, Leahy refused to hold hearings on six of George W. Bush’s circuit nominees even though all of them had the support of their home-state senators,” Grassley spokesman Taylor Foy said in a statement to The Hill.  

"It’s false to claim that Chairman Grassley is ignoring the blue slip tradition or that home-state senators are irrelevant in that process," he said. "In fact, he has worked closely with many of those home-state senators to ensure adequate consultation." 

Carrie Severino, chief counsel and policy director of the conservative Judicial Crisis Network, called the Democrats’ blue-slip arguments ahistorical nonsense.

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“There’s no major change here to be concerned about,” she said. “They are trying to weaponize every bit of Senate procedure they can to put the brakes on anything the Senate is trying to do, particularly nominations." 

But Nan Aron, founder and president of the liberal Alliance for Justice, said Republicans are trampling the rights of not only the home-state senators, but also their constituents.

“This is further destruction of the tradition and norms of the Senate and the rights of people who elect their senators in part to have a voice in federal judgeships,” she said. 

And it’s likely to continue. 

Another showdown is looming over Ryan Bounds, Trump’s latest pick for the 9th Circuit Court of Appeals. 

Oregon Sens. Ron WydenRonald (Ron) Lee WydenGOP set to release controversial Biden report Democrats fear Russia interference could spoil bid to retake Senate GOP senator blocks Schumer resolution aimed at Biden probe as tensions run high MORE (D) and Jeff MerkleyJeffrey (Jeff) Alan MerkleyThe Hill's Morning Report - Sponsored by The Air Line Pilots Association - Trump, Biden renew push for Latino support Sunday shows - Trump team defends coronavirus response Oregon senator says Trump's blame on 'forest management' for wildfires is 'just a big and devastating lie' MORE (D) have said they will not return blue slips for Bounds, who is an assistant U.S. attorney in Portland, even though Bounds’s name was forwarded to the White House as one of the finalists for the vacancy.

While a student at Stanford University, Bounds wrote opinion pieces for the student newspaper in which he expressed disdain for “race-focused groups,” according to the Alliance for Justice.