The battle between Senate Democrats and Senate Judiciary Committee Chairman Chuck Grassley Charles (Chuck) Ernest GrassleySenate Republicans face tough decision on replacing Ginsburg What Senate Republicans have said about election-year Supreme Court vacancies Biden says Ginsburg successor should be picked by candidate who wins on Nov. 3 MORE (R-Iowa) over the “blue-slip rule” escalated this week, after another one of President Trump Donald John TrumpUS reimposes UN sanctions on Iran amid increasing tensions Jeff Flake: Republicans 'should hold the same position' on SCOTUS vacancy as 2016 Trump supporters chant 'Fill that seat' at North Carolina rally 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 Feinstein Dianne Emiel FeinsteinMcConnell says Trump nominee to replace Ginsburg will get Senate vote Top Democrats call for DOJ watchdog to probe Barr over possible 2020 election influence Intensifying natural disasters do little to move needle on climate efforts 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 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.).

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 Baldwin Tammy 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 Leahy Patrick 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 Wyden Ronald (Ron) Lee WydenGOP senator blocks Schumer resolution aimed at Biden probe as tensions run high Republican Senators raise concerns over Oracle-TikTok deal Hillicon Valley: TikTok, Oracle seek Trump's approval as clock winds down | Hackers arrested for allegedly defacing U.S. websites after death of Iranian general | 400K people register to vote on Snapchat MORE (D) and Jeff Merkley Jeffrey (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.