Democrats take on Trump over court vacancies – Politico
With his nomination Monday of 10 conservative judges to the federal courts, President Donald Trump is reviving the long-running judicial wars with Democrats. And the two picks likely to rankle Democrats the most are the ones they have the most leverage to block.
Senate Democrats have few powers to prevent judges from getting confirmed to their lifetime appointments, due to rules changes they pushed through in 2013 that eliminated the 60-vote threshold for nearly all nominations. But Democratic senators can wage a silent filibuster of sorts against nominees from their home states through the so-called blue-slip process.
Story Continued Below
Two of the 10 judicial nominees the White House unveiled on Monday were on Trumps short list of potential Supreme Court justices during the campaign: Michigan Supreme Court Justice Joan Larsen, who will be nominated to the 6th U.S. Circuit Court of Appeals, and Justice David Stras, who sits on the Minnesota Supreme Court and is Trumps pick for the 8th Circuit.
Minnesota and Michigan are each represented by two Democratic senators. That gives Amy Klobuchar and Al Franken, who hail from Minnesota, and Debbie Stabenow and Gary Peters of Michigan, what amounts to veto authority over the nominees, who are already drawing objections from other Democrats.
We know that there is a prized list now from [conservative] special interest groups and one of them is now on the Supreme Court, Illinois Sen. Dick Durbin, the second-ranking Senate Democrat, said Monday, referring to recently-confirmed Supreme Court Justice Neil Gorsuch. If thats the way the president is going to choose the leaders of the judiciary, we need to ask some probing questions about why these special interest groups believe these particular judges are the best choices.
Of the blue-slip powers, Durbin added: As long as we have the authority, well use it if necessary.
In a statement, Franken said he was concerned Stras nomination was "the product of a process that relied heavily on guidance from far-right Washington, D.C.-based special interest groups rather than through a committee made up of a cross section of Minnesotas legal community." Senate Minority Leader Chuck Schumer (D-N.Y.) accused Trump of continuing to outsource the judicial selection process to hard-right special interest groups rather than consulting with senators. Democrats have long been critical that Trump's Supreme Court short list was crafted with input from the conservative Heritage Foundation and Federalist Society.
A spokesman for Franken said the senator was not meaningfully consulted and that the White House declined the Franken's recommendations to fill the vacancy at the St. Louis-based appeals court. A separate Senate Democratic aide said the Trump administration notified, rather than consulted, the senators, declining to ask for input before announcing the nominee.
Lack of consultation on judicial nominees goes against traditional White House practice, said veterans of the nomination process.
In the Obama administration, people would not return their blue slips simply because they felt they werent consulted efficiently, said Christopher Kang, who served as deputy counsel to former President Barack Obama.
Kang, now the national director at the National Council of Asian Pacific Americans, said 17 judicial nominees during Obamas tenure were blocked because home-state senators declined to give approval, or return their blue slips to the Judiciary Committee.
Battles over judicial nominations are often caustic. But tensions have been especially high following the contentious battle to get Gorsuch installed at the Supreme Court and Trumps frequent attacks on the judiciary, particularly after judges produce rulings against his executive orders.
Mondays announcement of Trumps 10 conservative nominees came the same day that the 4th U.S. Circuit Court of Appeals considered the legality of Trumps revised travel ban.
Democrats will retain the blue-slip leverage, at least for now. A broad swath of Senate Republicans is opposed to doing away with the tradition, even as GOP senators blew up the old filibuster rules for Supreme Court nominees while they shepherded Gorsuch through to confirmation earlier this year.
Some prominent conservatives, such as radio host Hugh Hewitt, are urging Senate Judiciary Chairman Chuck Grassley (R-Iowa) to ignore the century-old blue slip tradition. But Grassley said he plans to abide by it.
In addition to Grassley, more than a half-dozen other Republicans on the judiciary panel said in interviews that they have no plans to ditch blue slips. That's the case even though doing so would allow Trump to more easily install conservative judges, particularly in states with two Democratic senators.
Thats been the traditions of the Senate, that home-state senators have a say, said Sen. Lindsey Graham (R-S.C.), a senior member of the committee. Im not about to give up my rights as a senator to have a say about district court judges wholl represent my constituents long after the presidents gone.
Senate Majority Whip John Cornyn, who has 11 district court vacancies in his home state of Texas, along with two empty appellate court seats, called the blue slip an equal opportunity irritant.
When its an impediment, then people dont like it. When its helpful, people like it, Cornyn said. What it does [is], it provokes a negotiation, which I dont think is an altogether bad thing.
Sign up for POLITICO Huddle. A daily play-by-play of congressional news in your inbox.
By signing up you agree to receive email newsletters or alerts from POLITICO. You can unsubscribe at any time.
Sens. Thom Tillis (R-N.C.), Mike Crapo (R-Idaho), John Kennedy (R-La.) and Jeff Flake (R-Ariz.) offered a similar defense of the practice.
We used it effectively myself with Sen. [John] McCain to negotiate with the Obama administration on judges, Flake said. I like that tradition.
Trump inherited a significantly higher number of lower-court vacancies than his two immediate predecessors, handing him a significant opportunity to reshape the federal judiciary for generations. Obama faced about 50 lower court vacancies, while President George W. Bush inherited about 80 open judgeships.
For that, Trump largely has Mitch McConnell to thank. During the Kentucky Republicans first two years as majority leader, only 20 district and circuit court judges were confirmed by the Senate, marking the slowest pace of judicial confirmations by the chamber in more than six decades.
Before Monday, Trump had nominated just one candidate for the 129 vacancies currently hampering the federal judiciary: Amul Thapar to the 6th Circuit Court of Appeals, a sitting federal judge who coasted through his 90-minute confirmation hearing in late April.
Even with the announcement of the new nominees, other Republicans are eager for the Trump White House to send more candidates for the judiciary, particularly for vacancies in their home states.
Were concerned, said Sen. Orrin Hatch (R-Utah), a senior member of the Judiciary Committee. There is one judicial vacancy in Utah, which has been open since 2014. Weve already made our suggestions. They know that were interested in getting that taken care of.
Missing out on the latest scoops? Sign up for POLITICO Playbook and get the latest news, every morning in your inbox.
More here:
Democrats take on Trump over court vacancies - Politico
- Tax cuts are the hot new idea for Democrats - NBC News - April 7th, 2026 [April 7th, 2026]
- Why California Democrats are sweating the race to replace Newsom - CNN - April 7th, 2026 [April 7th, 2026]
- Arab Americans in Michigan warn centrist Democrats attacking Hasan Piker: They havent learned from 2024 - theguardian.com - April 7th, 2026 [April 7th, 2026]
- Democrats are giddy about flipping this GOP House seat. But its harder than it looks - CalMatters - April 7th, 2026 [April 7th, 2026]
- House Democrats demand end to cruel US energy blockade after visit to Cuba - theguardian.com - April 7th, 2026 [April 7th, 2026]
- Democrats Cast the Shutdown Fight as a Win. But What Did They Actually Get? - Time Magazine - April 7th, 2026 [April 7th, 2026]
- Two Democrats file to challenge Bill G. Schuette in 95th House District race - Midland Daily News - April 7th, 2026 [April 7th, 2026]
- Democrats face an identity crisis over taxes: From the Politics Desk - NBC News - April 7th, 2026 [April 7th, 2026]
- Opinion | Enough With the Nepo Candidates, Democrats - The New York Times - April 7th, 2026 [April 7th, 2026]
- Idaho's 2026 legislative session ended and Democrats are unhappy with significant budget cuts - KTVB - April 7th, 2026 [April 7th, 2026]
- Democrats Already Have an Affordability Agenda In the Midterms - foreignpolicy.com - April 7th, 2026 [April 7th, 2026]
- Maryland Democrats hope to cut red tape and attract more businesses - wamu.org - April 7th, 2026 [April 7th, 2026]
- Opinion | For Democrats, the Era of the Girl Dad and Male Ally Is Over - The New York Times - April 7th, 2026 [April 7th, 2026]
- Democrats, Republicans Clash Over Iran War in Week 6 - The New York Times - April 7th, 2026 [April 7th, 2026]
- Two Democrats running for Ohio AG's race in the May primary - The Columbus Dispatch - April 7th, 2026 [April 7th, 2026]
- How Democrats Can Avoid Disaster in the California Governors Race - New York Magazine - April 7th, 2026 [April 7th, 2026]
- 84% of Democrats and 55% of Independents Support Impeaching Trump a Third Time - Common Dreams - April 7th, 2026 [April 7th, 2026]
- Beth Fukumoto: Democrats Need A Clear Vision. And To Stick To It - Honolulu Civil Beat - April 7th, 2026 [April 7th, 2026]
- Democrats Chances of Losing to Steve Hilton in California Governor Race - Newsweek - April 7th, 2026 [April 7th, 2026]
- How Gov. Jared Polis thinks Democrats should handle high energy prices - Politico - April 7th, 2026 [April 7th, 2026]
- One of the Democrats Generational Battles: Hes 76, His Opponent Is 31 - The New York Times - April 7th, 2026 [April 7th, 2026]
- Panel debate whether Republicans or Democrats are winning at home | CUOMO - NewsNation - April 7th, 2026 [April 7th, 2026]
- Opinion | Democrats need to talk about the word genocide - MS NOW - April 5th, 2026 [April 5th, 2026]
- Who Democrats selected to replace former NC Sen. Graig Meyer in General Assembly - Raleigh News & Observer - April 5th, 2026 [April 5th, 2026]
- Democrats pay visit to ICE detention facility where abuse claims are rife - The Guardian - April 5th, 2026 [April 5th, 2026]
- Trump plan to shift student loan oversight to Treasury draws Senate Democrats' backlash - Government Executive - April 5th, 2026 [April 5th, 2026]
- New poll comes with alarm bells for Democrats ahead of Virginia redistricting vote - politico.com - April 5th, 2026 [April 5th, 2026]
- Meet the woman who wants Democrats to get hot, not bothered - USA Today - April 5th, 2026 [April 5th, 2026]
- Democrats must step up to fix public education in NC | Opinion - Wilmington Star-News - April 5th, 2026 [April 5th, 2026]
- Local Democrats lean into claims Husted is out of touch with real world - Toledo Blade - April 5th, 2026 [April 5th, 2026]
- Kentucky Gov. Andy Beshear set to headline Colorado Democrats annual fundraising dinner - Denver Gazette - April 5th, 2026 [April 5th, 2026]
- Opinion | Democrats vs. the Freedom Foundation - wsj.com - April 5th, 2026 [April 5th, 2026]
- In rural Virginia, excitement and dread grows over Democrats redistricting referendum - MyNorthwest.com - April 5th, 2026 [April 5th, 2026]
- Democrats are so far the only major party with a ballot-qualified candidate in the U.S. Senate general election in New Mexico - Ballotpedia News - April 5th, 2026 [April 5th, 2026]
- Contributor: What can Democrats stand for when there's no Trump to stand against? - Los Angeles Times - April 5th, 2026 [April 5th, 2026]
- Tom Homan: Democrats don't want to reform ICE they want to handcuff it - Fox News - April 5th, 2026 [April 5th, 2026]
- Maine Democrats flip their votes to put far-reaching data privacy bill in doubt - WGME - April 5th, 2026 [April 5th, 2026]
- New Hampshire Democrats prepare to make case for first-in-the-nation primary status - WMUR - April 5th, 2026 [April 5th, 2026]
- For many Democrats, Bondis and Noems firings were a key step but not the last - MS NOW - April 5th, 2026 [April 5th, 2026]
- North Carolinas Electoral Future May Hinge on Rural Black Voters Who Feel Ignored by Democrats - Chapelboro.com - April 5th, 2026 [April 5th, 2026]
- Ohio is too expensive. Ohio House Democrats plan to introduce series of affordability bills - Ohio Capital Journal - April 3rd, 2026 [April 3rd, 2026]
- GOP infighting, Democrats' unmet demands and a CLEAR windfall: Who's winning and losing the DHS shutdown - Fox News - April 3rd, 2026 [April 3rd, 2026]
- Schumer had a plan to win back the Senate, but some Democrats aren't on board - PBS - April 3rd, 2026 [April 3rd, 2026]
- Some Oregon Democrats get an unlikely primary foe: Their partys top boosters - Oregon Public Broadcasting - OPB - April 3rd, 2026 [April 3rd, 2026]
- Democrats are starting to like congressional Democrats again - YouGov - April 3rd, 2026 [April 3rd, 2026]
- Texas Democrats are pooling resources, holding joint rallies in latest effort to win the November midterms - CBS News - April 3rd, 2026 [April 3rd, 2026]
- Anti-regulation Democrats? Top takeaways from the governors race forum in Fresno - latimes.com - April 3rd, 2026 [April 3rd, 2026]
- Democrats Probe Into Noem, Lewandowski, Hones in on Pro-Trump Donors Contracts - NOTUS News of the United States - April 3rd, 2026 [April 3rd, 2026]
- Thursdays Campaign Round-Up, 4.2.26: Democrats sue to block Trumps order on mail ballots - MS NOW - April 3rd, 2026 [April 3rd, 2026]
- Democrats be warned: Trump knows your weak spots - miningjournal.net - April 3rd, 2026 [April 3rd, 2026]
- Democrats Start to Hammer Vulnerable Republicans Over War in Iran in Ads - The New York Times - April 3rd, 2026 [April 3rd, 2026]
- Q&A: The Strategy Behind Democrats Recent Mayoral Wins - campaignsandelections.com - April 3rd, 2026 [April 3rd, 2026]
- Democrats flipped another GOP seat but not for the reason youd think - MS NOW - April 3rd, 2026 [April 3rd, 2026]
- No Kings in America, Real Resistance in Rome - How Liberal Democrats and AIPAC Allies Hijacked the Movement While Italy Actually Fights Empire and... - April 3rd, 2026 [April 3rd, 2026]
- The Republican Fundraising Advantage Keeping Democrats Up at Night - NOTUS News of the United States - April 3rd, 2026 [April 3rd, 2026]
- Whatever happened to North Carolina Democrats? - springhopeenterprise.com - April 3rd, 2026 [April 3rd, 2026]
- Democrats dont like Donald Trump or other Dems, polling shows: Bottom has fallen out - PennLive.com - April 3rd, 2026 [April 3rd, 2026]
- Election 2026: Six Democrats on May ballot vying to face Rep. Turner in November - Dayton Daily News - April 3rd, 2026 [April 3rd, 2026]
- Not just the base: Democrats in recent elections are flipping independent and Republican votes - CNN - April 1st, 2026 [April 1st, 2026]
- Democrats and voting rights advocates vow to fight Trumps latest order: massive and unconstitutional suppression effort as it happened - The Guardian - April 1st, 2026 [April 1st, 2026]
- Kornacki analyzes what it will take for Democrats to win back the Senate - NBC News - April 1st, 2026 [April 1st, 2026]
- Why Democrats still face an uphill climb to win the Senate: From the Politics Desk - NBC News - April 1st, 2026 [April 1st, 2026]
- Senate Democrats are Breaking All the Wrong Records - House Committee on Appropriations (.gov) - April 1st, 2026 [April 1st, 2026]
- Political stunt: Democrats scold DeSantis over $5.5M cost to rename Palm Beach airport after Trump - WLRN - April 1st, 2026 [April 1st, 2026]
- President Trump Acts Where Democrats Refused Bringing Relief to TSA Workers and Travelers - The White House (.gov) - April 1st, 2026 [April 1st, 2026]
- Trumps overtime tax break is a hit. Democrats arent sure what to do about it. - Politico - April 1st, 2026 [April 1st, 2026]
- Democrats think taxing the rich will create affordability | Letter - Milwaukee Journal Sentinel - April 1st, 2026 [April 1st, 2026]
- Cory Booker says Democrats have failed this moment and calls for new leaders - The Guardian - April 1st, 2026 [April 1st, 2026]
- Andy Beshear Thinks Democrats Should Start Talking Like People - Politico - April 1st, 2026 [April 1st, 2026]
- Why Democrats Are Accusing the FBI of Trying to Smear Rep. Eric Swalwell - Time Magazine - April 1st, 2026 [April 1st, 2026]
- CT Democrats push forward spending increase for $28.8B state budget that boosts education, services and more - Hartford Courant - April 1st, 2026 [April 1st, 2026]
- Schumer had a plan to win back the Senate. But some Democrats arent on board - Los Angeles Times - April 1st, 2026 [April 1st, 2026]
- Democrats look to win Southern Az legislative races in bid to flip statehouse - Tucson Sentinel - April 1st, 2026 [April 1st, 2026]
- Democrats take a page from the GOP playbook with new partisan voter registration program - azmirror.com - April 1st, 2026 [April 1st, 2026]
- Democrats flipped another GOP seat. The reason isnt what you think. - Yahoo - April 1st, 2026 [April 1st, 2026]
- Democrats win another special election, the 30th red-to-blue flip of Trumps second term - Yahoo - April 1st, 2026 [April 1st, 2026]
- The Trump-voting pastor Democrats think could cost them a chance at a Nebraska Senate seat - CNN - April 1st, 2026 [April 1st, 2026]
- Democrats are trying to connect the dots on Trumps 2026 plan - CNN - April 1st, 2026 [April 1st, 2026]
- Four Democrats face off for open Metro Council seat. Who are they? - The Courier-Journal - April 1st, 2026 [April 1st, 2026]
- NY Democrats to blow state budget deadline again with little progress on talks: At the beginning of the middle - New York Post - April 1st, 2026 [April 1st, 2026]