The Senate on Wednesday confirmed a controversial nominee to the San Francisco-based 9th Circuit Court of Appeals over the objections of both home-state senators.

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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 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.

Lee is the fifth appeals judge this year to be confirmed without a blue slip returned from both home-state senators. Before 2019, no appeals judge had been confirmed without a blue slip returned from at least one home-state senator.

Feinstein said the vote on Lee marked the first time that the ranking member of the Judiciary Committee's blue slip has been ignored. "Lee repeatedly failed to turn over more than 75 controversial writings and submitted many only after we identified them. Lee took controversial positions in these writings on race, civil rights and voting rights. His lack of candor with the committee should concern all senators," Feinstein "Lee repeatedly failed to turn over more than 75 controversial writings and submitted many only after we identified them. Lee took controversial positions in these writings on race, civil rights and voting rights. His lack of candor with the committee should concern all senators," Feinstein wrote in a tweet

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"His past writings reveal shocking positions on race and diversity, affirmative action, educational opportunity, women’s reproductive freedom. He once wrote that multiculturalism is a 'malodorous sickness' and that sexism ... to be 'irrelevant pouting.' That’s a man who should be on the bench?" Schumer asked.