The Senate voted on Tuesday to confirm an appellate court pick for President Trump Donald John TrumpBiden leads Trump by 36 points nationally among Latinos: poll Trump dismisses climate change role in fires, says Newsom needs to manage forest better Jimmy Kimmel hits Trump for rallies while hosting Emmy Awards MORE despite one of the nominee's home-state senators not returning a blue slip.

Senators voted 56-42 on David Stras's nomination to serve on the U.S. Court of Appeals for the 8th Circuit, making him the first Trump nominee to be confirmed despite a missing blue slip.

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.

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But how strictly the precedent is upheld is decided by the Judiciary Committee chairman — in this case, Sen. Chuck Grassley Charles (Chuck) Ernest GrassleyGOP set to release controversial Biden report McConnell locks down key GOP votes in Supreme Court fight Senate Republicans face tough decision on replacing Ginsburg MORE (R-Iowa) — and enforcement has fluctuated depending on who controls the panel.

Grassley sparked a political firestorm when he announced late last year that he would move forward with Stras even though then-Sen. Al Franken Alan (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.) refused to return his blue slip on Stras's nomination. Sen. Amy Klobuchar Amy KlobucharBattle lines drawn on precedent in Supreme Court fight Sunday shows - Ruth Bader Ginsburg's death dominates Klobuchar: GOP can't use 'raw political power right in middle of an election' MORE (D-Minn.) returned her blue slip.

The Alliance for Justice noted that Stras is the first circuit court judge to be confirmed despite a missing blue slip in more than 80 years.

Sen. Tina Smith Tina Flint SmithThe Hill's Campaign Report: Trump and Biden vie for Minnesota | Early voting begins in four states | Blue state GOP governors back Susan Collins GOP Senate candidate says Trump, Republicans will surprise in Minnesota Biden promises Democratic senators help in battleground states MORE (D-Minn.), Franken's successor, voted against Stras's nomination.

Democrats have repeatedly ripped Grassley for moving forward with Trump's judicial picks despite opposition from home-state senators.

"Democratic and Republican chairs have stuck to the blue slip rule, despite the tensions in this body. So this is a major step back — another way that the majority is slowly and inexorably gnawing away at the way this body works and making it more and more and more like the House of Representatives," said Senate Minority Leader Charles Schumer Chuck SchumerRepublican senator says plans to confirm justice before election 'completely consistent with the precedent' Video of Lindsey Graham arguing against nominating a Supreme Court justice in an election year goes viral Graham signals support for confirming a Supreme Court nominee this year MORE (D-N.Y.).

Grassley announced in November that he had scheduled a hearing on Stras and Kyle Duncan, nominated to serve on the 5th Circuit. Sen. John Kennedy John Neely KennedyMORE (R-La.) did not return a positive blue slip for Duncan.

Both Grassley and Senate Majority Leader Mitch McConnell Addison (Mitch) Mitchell McConnellOcasio-Cortez to voters: Tell McConnell 'he is playing with fire' with Ginsburg's seat McConnell locks down key GOP votes in Supreme Court fight Video shows NYC subway station renamed after Ruth Bader Ginsburg MORE (R-Ky.) praised Stras this week.

"I am convinced Justice Stras will rule fairly and impartially, finding and applying the law as written, not legislating from the bench," Grassley said.

– Lydia Wheeler contributed