Sen. Al Franken’s battle against David Stras is poised to set up a major fight within the powerful Senate Judiciary Committee. | Mark Wilson/Getty Images Franken opposes Trump judicial nominee, setting up procedural clash

Sen. Al Franken is preparing to block the nomination of one of President Donald Trump’s circuit court nominees — a move that would trigger a standoff in the Senate over a century-old tradition that gives senators significant leverage over home-state judicial candidates.

The Minnesota Democrat said in a statement Tuesday that he will not return a so-called blue slip for David Stras, who was nominated in May for a seat on the 8th U.S. Circuit Court of Appeals.


Stras’ legal decisions, professional experience and past statements, Franken said, raised concerns that he would be a “conservative jurist in the mold of Supreme Court Justices Clarence Thomas and Antonin Scalia” — which was enough for the senator to try to block his confirmation to the federal bench.

“Justice Stras’s professional background and record strongly suggest that, if confirmed, he would embrace the legacy of his role models and reliably rule in favor of powerful corporate interests over working people, and that he would place a high bar before plaintiffs seeking justice at work, at school, and at the ballot box,” Franken said in a lengthy statement outlining his opposition to Stras. “The president should be seeking out judges who bridge the issues that divide us, but I fear that Justice Stras’s views and philosophy would lead him to reinforce those divisions and steer the already conservative Eighth Circuit even further to the right.”

Franken also took aim at the process by which Stras — who currently sits on the Minnesota Supreme Court — was selected. He argued that the White House had already settled on Stras before consulting with Franken about the vacancy.

Though opposition to Trump’s judicial picks from Democrats is by no means unusual, Franken’s battle against Stras is poised to set up a major fight within the powerful Senate Judiciary Committee.

The blue slip process, a longtime Senate tradition, holds that the Judiciary Committee doesn’t hold a confirmation hearing for judicial nominees without permission from the candidate’s home-state senators, although that rule has been less adhered to for circuit court picks under previous administrations.

Sign up here for POLITICO Huddle A daily play-by-play of congressional news in your inbox. Email Sign Up By signing up you agree to receive email newsletters or alerts from POLITICO. You can unsubscribe at any time. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

The panel’s chairman, Chuck Grassley of Iowa, has signaled that he is prepared to go around opposition from home-state senators to move Trump’s circuit court picks.

A spokesman for Grassley did not immediately respond to a request for comment on whether the chairman will schedule a hearing for Stras despite Franken’s opposition.

A White House spokeswoman said that “the Trump administration is committed to filling all the U.S. attorney and judicial vacancies as quickly as possible” and is “extensively consulting” with senators to fill those seats.

Minnesota’s other senator, Democrat Amy Klobuchar, said in a statement Tuesday that Stras was not her choice for the court but that she believes he deserves a hearing before the Senate. Still, she offered her support to Franken and urged Grassley not to upend the blue slip process.

“Changing this policy would have serious ramifications for judicial nominations in every state in the country,” said Klobuchar, a member of the Judiciary Committee. “Given this important policy, and given Sen. Franken’s view that Justice Stras should not be allowed a hearing in the Senate, the White House will need to provide additional names for the 8th Circuit position.”

