Democrats face a tough choice to confirm judges in red states: Work with GOP senators or defy them

[In It to Win It]

https://www.yahoo.com/news/democrats-face-tough-choice-confirm-182159890.html

With GOP hostility toward Biden's agenda and signs of hyperpartisanship in the Senate, he's so far largely avoided potential blue-slip fights by nominating circuit court judges — who sit on one of 13 courts that hear challenges of district court decisions and whose nominations do not require blue slips to advance — and district court judges in states represented by his party. A senator can derail an aspiring federal judge simply by refusing to return the slip.

Democrats confirmed 28 circuit court judges and 68 district court judges in Biden's first two years. Of the district court judges, the majority were in states with Democratic senators and only one nominee was confirmed in a state with two Republican senators: Iowa.

"President Biden's gonna have a tougher time filling district court slots over the next two years because he's already picked the low-hanging fruit of filling district court slots with two Democrat home state senators," said Mike Davis, who previously served as chief counsel for nominations to former Senate Judiciary Chairman Chuck Grassley, an Iowa Republican.

Biden, a former Judiciary Committee chair himself, could continue to prioritize and appoint judges in Democratic-led states, which he's widely anticipated to do. But if Democrats want to make good on their promise of restoring balance to the courts, experts say they must place judges in red states, where there are currently 28 open district court seats, including in Texas, Florida, Idaho and Wyoming. The sole pending nomination for those vacancies is in Mississippi.

"The real difference will come when you replace the Republican appointees with a Democrat who has very different experience and different views ideologically," Tobias said. "[Biden] needs to get more of those."

Link to tweet

[The Magistrate]

1. What's Tough About It, Sir?

Tell the boogers to pound sand and put in decent judges. They are especially needed in 'red' states, the 5th Circuit being a leading example.

[2naSalit]

2. Yeah, what are they actually saying?

The article seems like an alarmist fluff-o-nuthin- sandwich.

[In It to Win It]

4. It's saying that Biden and Senate will reach a point where they will have to nominate and try to

confirm judges for district court vacancies in states with 2 republican senators.

They’ve mostly avoided the political fights by nominating circuit court judges, and district court judges in blue states. That’s the “low hanging fruit”. Those are the easy ones. At some point, they will have to start nominating more judges in red states, and there are a lot of them. Then will they do?

[2naSalit]

5. Put one foot in front of the other?

The Senate is still controlled by Ds, aren't there rules prohibiting "holds" on judicial nominees?

I am not seeing this as a newsworthy issue, I guess.

[In It to Win It]

6. Not that I'm aware of

They still implement blue slips for district courts so it’s either do away with it and they confirm district court judges to red states or they keep the blue slips for district courts and compromise.

[2naSalit]

8. Thanks...

I wasn't clear on the difference for District courts.

[In It to Win It]

3. I think they did away with blue slips for circuit court nominees a few years back

But they remain for district court nominees, and there are a lot more vacancies for district courts in states with two Republican senators. In my state, Florida, there are 7 current or future district court vacancies and none of them have nominees. Some have been vacant since Trump was in office.

Of course the appellate court vacancies should be filled, but it’s those red-state district court seats that need to be filled to help narrow opportunities for Republican judge-shopping.

[scarletlib]

7. They did under McConnell

We should do the same thing. President nominates, Senate confirms or denies. Republicans are never going to treat Democrats fairly so do away with a rule that blocks progress or let our democracy whither away under ultra right wing judges.

I am sick of it.

[The Magistrate]

9. There's Some Basic Strategy Here, Sir

We may take for text the wisdom embodied in "Do unto others --- first."

Any course predicated on the idea that Republicans won't break a customary rule if Democrats uphold it will fail. Republicans will and do break any customary rule the instant it serves some purpose of theirs, regardless of what Democrats may have done. The only way to deal with this is to get out in front of it, to take the next step in violating norms before the other side does it. We are dealing with people who imagine they won't be hit back, and the way to deal with such people is to hit them first. The shock of overthrown expectations is extremely valuable in a fight.

[LetMyPeopleVote]

10. Get rid of the blue slip system

[Mad_Machine76]

11. Haven't Republicans

already violated the blue slip custom already? I feel like they did several times under Trump?

[Phoenix61]

12. Blue slips are a custom not a rule. Rs have shown

repeatedly they don’t care about that. Look at the bs over what should have been Obama’s Supreme Court pick. The can take their little blue slips and weave themselves a pretty little cup to hold their tears.

[Hermit-The-Prog]

13. Piss on 'em. "What would Moscow Mitch do?" Confirm GOOD judges. Ignore the GOP.