On Tuesday, for the first time in 80 years, the Senate confirmed a judicial nominee over the objections of a home-state senator.
The Senate voted on Tuesday to confirm an appellate court pick for President Trump 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.
Senate Judiciary Chair Chuck Grassley’s final, formal rejection of the blue-slip rule is significant, if unsurprising.
Grassley sparked a political firestorm when he announced late last year that he would move forward with Stras even though then-Sen. Al Franken (D-Minn.) refused to return his blue slip on Stras's nomination. Sen. Amy Klobuchar (D-Minn.) returned her blue slip.
Grassley didn’t even respect another Republican’s blue-slip refusal: After the White House, as has been its wont, ignored standard selection procedures to nominate Kyle Duncan, Sen. John Kennedy (R-LA) withheld his blue slip. Grassley forced a hearing anyway.
Kennedy’s been a tougher sell than the rest of the party. So far, he’s the only Republican to vote against a nominee—albeit at the committee level. He’s also the one who humiliated a Trump nominee by asking him basic legal questions, leading to the nominee’s withdrawal. Of course, Kennedy’s lost any claim to whatever credit we might be tempted to give him by falling in line when it comes time to confirm nominees, no matter how strong his earlier objections.