Because, clearly, archaic Senate traditions that the GOP no longer observes are more important than protecting democracy.
“I have never heard a problem. No one has — in 26 years — brought me a problem on blue slips,” Feinstein said. “I’m not aware of it. If you can bring me the objection, I’d like to know what it is.”
How about….it’s undemocratic and means only the Republicans can exercise power? That observing that rule is the biggest reason Trump has appointed 25% of the federal judiciary?
Let’s remember that Patrick Leahy’s idiotic adherence to the tradition is the biggest reason why Donald Trump has appointed so many judges. He wouldn’t process any nomination unless home-state Republicans approved—so, Republicans simply stopped approving any nomination. It got to where Obama simply gave up and stopping nominating judges from states with a Republican senator. Case in point: he nominated Victoria Nourse to the 7th Circuit in 2010. Nourse, who had been a legal aide to Joe Biden, helped write the Violence Against Women Act. But when Ron Johnson was elected, he refused to approve Nourse. Thus, Democrats—specifically Leahy, then the Judiciary Chair—allowed her nomination to languish, and Obama gave up on filling that seat.
But what did Trump do? Nominated Federalist Society goon Michael Brennan to the seat. Tammy Baldwin wouldn’t sign off, refusing to return her blue slip. And what did the Senate GOP do? Plowed right ahead and confirmed him on a party-line vote.
So, congrats, Democrats—you got to be pure and high-minded, going high while they went low, while they got to have something meaningful and impactful—a lifetime federal judge who will reliably support their policies and causes. (Purity is not just for the left.)
Apparently, though, Feinstein thinks it’s more important to be pure and bipartisan than to stop the fascists at the Federalist Society from taking power and killing democracy:
“Blue slips are an effective way to ensure that home-state senators, regardless of party, have a say on the judges whose decisions will directly impact their constituents,” she said in the statement. “It’s a tradition that fosters bipartisan engagement in the nomination process and, until now, has been respected by chairs of both parties.”
We sure missed an opportunity by not replacing this Susan Collins-loving Republican appeaser in 2018. Then the far more realistic Sheldon Whitehouse, someone who values democracy more than bipartisanship, would take over the Judiciary Committee instead.
Also of note—the article falsely claims that the GOP would have repealed the ACA if the filibuster (which Feinstein doesn’t want to get rid of) didn’t exist. That, of course, is bullshit. They used reconciliation, which can’t be filibustered. McCain would have been the 50th vote, not the 60th. It’s popular to blame Harry Reid for Trump confirming judges at a breakneck pace, but come on—McConnell would have ditched the judicial filibuster anyway. He’d already tried to, in 2005. The blame rests with Patrick Leahy.