While you were focused on … Republicans kept moving judicial nominees through pipeline

While you were focused on … Republicans kept moving judicial nominees through pipeline

This has been another crazy news week, with breaking news after breaking news.

While you were focused on other things, Republicans continued to shepard judicial nominees through the confirmation blockages put in place by Democrats.

We have covered the almost unprecedented opportunity presented to Trump to reshape the judiciary, and how that process finally appears to be picking up speed. On January 18, we noted, Approaching ramming speed: Senate Judiciary Committee advances 17 judicial nominees.

Since then, the process has continued.

Democrats have reacted hysterically to Senate Judiciary Chair Chuck Grassley moving forward on the nomination Michael Brennan of Wisconsin to the 7th U.S. Circuit Court of Appeals, who was voted out of committee on a party line vote. Mother Jones fumed, Senate Republicans Are About to Break Precedent to Move This “Far-Right” Judge Forward:

Brennan also has the distinction of being the second Trump judicial nominee to move forward without a so-called “blue slip” from both of his home state senators. Senator Tammy Baldwin (D-Wis.), did not return the document signaling her approval of the nomination.

We addressed the blue slip stalling tactic, and how Grassley previously announced he would not allow that courtesy to turn into a de facto filibuster. So good for him not allowing Baldwin to hold up the nomination indefinitely.

As Carrie Severino tweeted, Grassley’s disregard of the blue slip stall was not a break with precedent:

Judiciary Committee Chairmen who have held hearings despite a negative blue slip: Kennedy, Thurmond, Biden, Hatch. I.e. every single chair between Eastland and Leahy.

— Carrie Severino (@JCNSeverino) February 16, 2018

Senator Grassley's policy is completely consistent with the 100-year history of the blue slip. This CRS report gives lots of historical detail: https://t.co/OV5EmXIED0

— Carrie Severino (@JCNSeverino) February 16, 2018

Meanwhile, the steamroller keeps chugging along, as Jonathan Adler wrote at Volokh Conspiracy on February 14:

Last weekend Beltway pundits may have proclaimed the White House was off the rails, but the Trump judicial nomination train remains on track. The White House announced its eleventh set of judicial nominees on Monday. As we’ve come to expect, the Administration put forward an impressive list of jurists, led by four noteworthy picks for appellate courts, including several who are guaranteed bipartisan support.

The latest appellate nominees are Andy Oldham (Fifth Circuit), Michael Scudder (Seventh Circuit), Amy St. Eve (Seventh Circuit) and Mark Bennett (Ninth Circuit). In addition, Trump nominated John Nalbandian (Sixth CIrcuit) and Joel Carson (Tenth Circuit) in January and December, respectively….

Although news stories tend to suggest the White House refuses to consult with Senators about potential judicial picks, this week’s nominations tell quite a different story. All of the appellate nominations announced this week enjoy the support of their home-state Senators, including those from states with deep-blue delegations.

Adler notes there remains much to be done:

Even with this week’s announcement, there remain quite a few seats to fill. As of this week there are 146 vacancies on federal courts, which accounts for approximately 16 percent of the federal bench. An additional thirty seats are classified as “future vacancies,” as the judges in these seats have announced their intent to retire on a date certain or upon the confirmation of their successor. Seventeen of the current vacancies are on federal appellate courts, as are seven of the future vacancies. Not including those announced Monday, there are 50 pending nominations, including seven for appellate seats. Although the Senate has sought to expedite the confirmation process, the nomination pipeline remains full. (Information on vacancies and pending nominees may be found here.)

At National Review, Severino provides this data as of February 13:

Current and known future vacancies: 176

Courts of Appeals: 23

District/Specialty Courts*: 153

Pending nominees for current and known future vacancies:

53 Courts of Appeals: 4

District/Specialty Courts: 49 (Includes the Court of Federal Claims and the International Trade Court)

Nominees Awaiting Floor Votes:

29 Courts of Appeals: 3

District/Specialty Courts: 26

Nominees Confirmed by the Senate: 24

Supreme Court: 1

Courts of Appeals: 13

District/Specialty Courts: 10

The Senate Judiciary website tracks the progress of judicial nominations, so you can see what is coming down the pipeline. Here are nominations posted yesterday:

The Judicial Nominations website has more data.

What it all means is that Trump continues to plug away as filling vacancies, continues to nominate people, the Senate Judiciary is moving them through the pipeline, and they are being teed up for floor votes. It takes too much time because of Democrat stalling tactics, but it’s happening. Though not fast enough for my liking.

As Jared Samilow noted in two posts, there is no guarantee Trump can accomplish the goal of reshaping the judiciary in his first term:

• Trump’s ability to reshape the judiciary may be overstated (Part 1 – Appellate Courts)
• Trump’s ability to reshape the judiciary may be overstated (Part 2 – District Courts)

So speed it up, please.  McConnell needs to ensure we start getting more floor votes.

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