Republicans are close to scrapping a Senate tradition in order to help Trump pack the courts


President Trump's biggest accomplishment so far is probably elevating Justice Neil Gorsuch to the Supreme Court, but Republicans had to singe Senate traditions to get that done, scrapping the filibuster for Supreme Court nominees after refusing to consider the nominee from former President Barack Obama for nearly a year. Now, Senate Majority Leader Mitch McConnell (R-Ky.), who engineered both those feats, has joined other Republicans in urging Senate Judiciary Committee Chairman Charles Grassley (R-Iowa) to remove one more roadblock to judicial confirmations, the "blue slip" that senators have been able to use to block the appointment of judges from their home states.
"My personal view is that the blue slip, with regard to circuit court appointments, ought to simply be a notification of how you're going to vote, not the opportunity to blackball," McConnell told The New York Times. During former President Barack Obama's eight years in office, Grassley and Sen. Patrick Leahy (D-Vt.) strictly honored the blue-slip requests, and Republicans took full advantage, leaving Trump a record number of federal judicial vacancies — 144, including 21 appellate judges and 115 district-level judges. Democrats got rid of the filibuster for appellate and district judges, so the blue slip objections are the only real lever Democrats have left.
Sen. Al Franken (D-Minn.) has refused to return his blue slip for Trump appellate court nominee David Stras and Oregon's two senators, Ron Wyden (D) and Jeff Merkley (D), have said they will blue-slip appellate nominee Ryan Bounds. Many of the vacancies are in states with at least one Democratic senator, and the stakes are high, says The New York Times' Carl Hulse. Lifetime judicial appointments are "among the most important spoils of any administration," he says, and "given the opportunity to populate the highest courts with conservative nominees, it is hard to imagine that Senate Republicans will allow individual Democrats to determine the fate of so many judges."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
The NCAA is a 'billion-dollar sports behemoth' that 'should not be a nonprofit'
Instant Opinion Opinion, comment and editorials of the day
-
Trump picks conservative BLS critic to lead BLS
speed read He has nominated the Heritage Foundation's E.J. Antoni to lead the Bureau of Labor Statistics
-
What's a pocket rescission and can Trump use one?
The Explainer The White House may try to use an obscure and prohibited trick to halt more spending
-
Trump picks conservative BLS critic to lead BLS
speed read He has nominated the Heritage Foundation's E.J. Antoni to lead the Bureau of Labor Statistics
-
Trump takes over DC police, deploys National Guard
Speed Read The president blames the takeover on rising crime, though official figures contradict this concern
-
Trump sends FBI to patrol DC, despite falling crime
Speed Read Washington, D.C., 'has become one of the most dangerous cities anywhere in the world,' Trump said
-
Trump officials reinstating 2 Confederate monuments
Speed Read The administration has plans to 'restore Confederate names and symbols' discarded in the wake of George Floyd's 2020 murder
-
Trump nominates Powell critic for vacant Fed seat
speed read Stephen Miran, the chair of Trump's Council of Economic Advisers and a fellow critic of Fed chair Jerome Powell, has been nominated to fill a seat on the Federal Reserve Board of Governors
-
ICE scraps age limits amid hiring push
Speed Read Anyone 18 or older can now apply to be an ICE agent
-
Trump's global tariffs take effect, with new additions
Speed Read Tariffs on more than 90 US trading partners went into effect, escalating the global trade war
-
House committee subpoenas Epstein files
Speed Read The House Oversight Committee has issued a subpoena to the Justice Department for its Jeffrey Epstein files with an Aug. 19 deadline