The Democrat-controlled Senate could help undo what Trump sowed during his own record-breaking pace of appointments
“We’ve spent years and years and years talking about rightwing judges and the damage that they are doing to our communities, to our families, to our rights,” Gordon said. “But there’s nothing like having our words come true to make people sit up and take notice.”
Once Republicans take control of the House in January, many bills passed by the Senate will probably fail in the lower chamber. With their legislative agenda stalled, Senate Democrats may turn more of their attention to advancing judicial nominations, which do not require House approval. The Democrats’ Senate majority remains narrow, which could still present challenges in efforts to swiftly confirm judicial nominees. Just two absences or Democratic “no” votes could be enough to quash a confirmation. Kimberly Humphrey, legal director for federal courts at the Alliance for Justice, said Democrats’ 51-49 majority is “by no means a slam dunk”, even as she emphasized the importance of Warnock’s victory.
The blue slip policy gives home-state senators the option to block district court nominees from even receiving a hearing, which has made it difficult for Democrats to fill vacancies in states with at least one Republican senator. As Biden looks to match Trump’s judicial record, a number of progressives are demanding hearings for district court nominees regardless of their home-state senators’ objections.
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