Congress
Dems fight to Trump-proof the federal judiciary
Democrats on Friday hit a major milestone, confirming more judges under President Joe Biden than Republicans did in President-elect Donald Trump’s first term. It deprives Trump of putting a bigger conservative stamp on the judiciary — and Democrats will have leverage to continue fighting next year.
Senate Democrats, despite a narrow majority, have approved 235 of Biden’s judicial picks, eclipsing the 234 judicial nominations Trump got through in his first term. Biden has now appointed a range of judges amounting to about a fourth of the overall federal judiciary.
In a move that could further dent Trump’s judicial impact even with a GOP Senate majority, Democrats are poised to put pressure on Republicans to maintain a practice that requires sign-off from a state’s two senators for lower-level spots on the federal bench.
Top Judiciary Committee Democrats who vet judicial nominations, like outgoing Chair Dick Durbin of Illinois, declined to drop the “blue slip” tradition over the past two years, despite pressure from the party — and are now urging Republicans to do the same.
Asked if he intends to maintain the practice, incoming Senate Judiciary Chair Sen. Chuck Grassley (R-Iowa) responded simply: “Yes.”
That’s a boon for Democrats. Because of population size, there are more judicial slots in larger blue states like California, New York and Illinois — ones that will require two Democratic sign-offs for the Trump administration to fill. Plus, a deal that would have expanded the number of federal judgeships and given Republicans slots to fill is on the verge of getting a Biden veto.
“There are way more district judges in Democratic states than there are in Republican states,” said Sen. Sheldon Whitehouse (D-R.I.), a senior member of the Judiciary Committee. “For us to let the district court blue slip go would create a real structural problem over the long haul, so Chairman Durbin did absolutely the right thing to hold that.”
Democrats hope filling district court slots with less conservative picks will provide a first line of defense against Trump administration policies as the party braces for the incoming president and other Republicans to enact a multitude of new policies, via executive orders and otherwise.
Court decisions could have critical implications for abortion rights, student loan forgiveness, climate change and more. While cases can rise up to appeal courts and beyond, district courts tend to have the first say on challenges to federal policies.
Even Republicans begrudgingly acknowledge Durbin has run an efficient and aggressive operation in filling vacancies over the last four years.

“Dick Durbin has sadly been very effective. He’s been very good. I wish he hadn’t been,” Sen. Josh Hawley (R-Mo.), a member of the Judiciary Committee, said in an interview. “He’s run the committee really, really efficiently.”
Democrats largely cleared the decks: There are just 36 current federal court vacancies and 11 future ones as judges announce planned retirements. By comparison, Trump began his first term in 2017 with an astounding 112 vacancies and 15 future ones.
Biden started his term with 49 current vacancies and five future ones to consider for the federal bench.
Trump may, of course, have the most consequential last laugh at the Supreme Court. Justices Clarence Thomas and Samuel Alito — both in their 70s — are on the retirement watch list. Nominating replacements for either or both of those conservative justices would offer Trump the chance to further cement a decades-long conservative mark on the court. And they’re not the only justices on the retirement watch list; progressive groups launched an unsuccessful pressure campaign following Trump’s win for liberal Justice Sonia Sotomayor to step aside, wary the 70-year-old could create another opening for Trump to tilt the court further rightward.
He already got to fill three vacancies during his first term, meaning about half the court would be his appointees if either or both justices retire.
Plus there are other large states that see a lot of openings, like Texas and Florida, where Trump will have two GOP senators to sign off on his preferred picks.
“I can’t wait for President Trump to nominate some more judges — to me that was one of his great legacies,” said Sen. John Cornyn (R-Texas), a senior member of the Judiciary Committee.
Trump could have come in with a slate of additional judicial openings to fill under a bipartisan deal struck this term, but it now looks unlikely. The Senate earlier this year unanimously approved a bill to add 66 district court judgeships over the next three presidential terms, with advocates saying they wanted to clear it before the 2024 election so neither Republicans nor Democrats would know which party stood to immediately gain from it. But House Republicans waited until after the election to pass it, and Biden has indicated he plans to veto it.
But another deal on judges did make it through — Senate Majority Leader Chuck Schumer struck an agreement with Republicans to let four appeals court slots stay open until next year in exchange for GOP senators allowing quick consideration for a dozen district court judges.
Democrats have said they didn’t have the support for those confirmations anyway. And one of those appeals court jurists later backed out of his stated intention to retire, prompting anger from Republicans.
Despite that, half a dozen GOP senators told Blue Light News they came out on top of that agreement. Sen. Eric Schmitt (R-Mo.), a Judiciary member who’s close to Trump, called it a “good deal.”
Senate Democrats are no stranger to criticism for how they’ve handled judicial openings, but Durbin noted they managed to break Trump’s record despite a narrow number advantage in the chamber.
“Two years, we’ve had a tied Senate and a tied committee, [and] we reported out almost 100 judges,” Durbin said. “Pretty good, huh? You can’t say yes, but I’ll say it for you: Pretty damn good.”
Republicans insist they’re raring to go at confirming more of Trump’s judicial picks — and they’ll take cues from Durbin as they aim to leave no slot unfilled.
“All I can say is: I hope Republicans will look at what he’s done in these last four years,” Hawley said.
Congress
‘I’m glad I’m not on the ballot’: Senate GOP worries about its midterm edge
Senate Republicans are growing anxious about the midterms.
They once felt like they had a glidepath to keep or even grow their majority in November, unlike in the House, where GOP control is razor-thin and members have become increasingly on edge about Democrats returning to power.
But the mood is shifting, according to interviews with 10 GOP senators and aides, as the U.S. engages in open-ended war in the Middle East, rising oil prices threaten to slow the economy and President Donald Trump stokes intra-party divisions over an elections overhaul bill known as the SAVE America Act.
Some GOP senators are now openly predicting a tough battle to hold onto control as their party struggles to keep the focus on affordability policies that lawmakers want to make the centerpiece of their midterm campaign. The Senate passed a major housing bill this week but it faces an uncertain future in the House. Trump himself told Republican lawmakers Monday that housing is not a top concern for voters.
“I’m glad I’m not on the ballot,” Sen. Kevin Cramer (R-N.D.), a close Trump ally, said in an interview when asked how he was feeling about the November elections.
Republican senators are warning that the party writ large needs to hammer home cost-of-living measures — despite apparent disinterest and distractions from Trump, who they hope will lean into the housing bill fight. Recent polls have shown the Iran conflict and the resulting rise in prices are major worries for voters, even as the president downplays affordability concerns.
“Energy prices are high. Everything’s high,” said Sen. Josh Hawley (R-Mo.), another Trump ally. He added that Republicans should “take some votes to lower the costs.”
Democrats have to net four seats to win back control of the Senate — a tall order that still gives Republicans an inherent edge. But Republicans are playing defense in Maine and North Carolina, the two races widely viewed as the most likely flips, and they’re facing a messy Trump-fueled primary in Texas. Republicans view Michigan and Georgia as potential pick-ups, though Democrats think they’ve also been able to put states like Ohio and Alaska in play through strong candidate recruitment.
Asked about Trump’s claim that the party will be in trouble if it doesn’t pass the SAVE America Act, Senate Majority Leader John Thune told reporters this week that he believed the election is instead “going to be about the economy, and that’s why I think we’re focused on that.”
He also said that midterms are “always a little dicey” during the second term of a presidential administration.
But under pressure from Trump and a fervent base, Thune is teeing up what will likely be a multi-week debate on what the president calls his “No. 1 priority” — the SAVE America Act legislation that would institute tough new citizenship and photo ID requirements in order to cast a ballot. Trump wants to expand this legislation even further to prohibit gender-affirming surgery for children and restrict mail-in voting.
The bill lacks the votes for Senate passage, yet Thune and his conference are being lobbied hard by the right flank to revamp or eliminate the filibuster as a means of jamming the legislation through — a strategy that also doesn’t have the votes.
This intra-party tension is on full display in Texas, where Sen. John Cornyn is facing a May runoff against Texas Attorney General and MAGA favorite Ken Paxton. The elections bill has taken centerstage as Cornyn and Paxton vie for Trump’s endorsement, with Cornyn this week throwing his support behind scrapping the filibuster to pass the legislation.
Trump’s pressure campaign over the bill, including his decision to use the Texas race to make a play for its passage, has privately infuriated a broad swath of Senate Republicans, according to two people granted anonymity to speak candidly.
Republicans have privately conveyed to Trump that the voting measure can’t pass, while Thune has also publicly warned against linking a possible Cornyn endorsement to the bill.
Trump, however, told Fox News Radio Friday that he still intends to endorse in the race, but the “main thing I have to do is find out who’s going to get the SAVE America Act approved.” Senate Republicans are fearful that if Cornyn fails to win his runoff, the best-case scenario will cost the party hundreds of millions of dollars to defend against Democratic nominee James Talarico.
The election bill fight has spilled beyond Texas, as GOP senators are being flooded with public warnings from high-profile figures on the right that voters won’t turn out in the midterms or donate money unless the legislation passes. Trump has said passing the bill will “guarantee the midterms.”
White House spokesperson Olivia Wales said in a statement Friday that Trump “is the unequivocal leader of the Republican party, and he is committed to maintaining Republicans’ majority in Congress to continue delivering wins for the American people.”
“It’s clear that he has delivered for Americans with a secure border, cooling inflation, working-class tax cuts, new trade deals, new drug pricing deals and trillions in investments,” Wales added. “The White House is keen to tout these victories in the months ahead as we continue to work to Make America Great Again.”
In the meantime, recent polls show that it’s the unfolding Iran conflict and cost-of-living issues that voters care most about.
Just over half of voters oppose military action against Iran, compared to 40 percent who support it, according to a Quinnipiac University poll released this week. Nearly three-fourths said they were either very or somewhat concerned the war in the Middle East will lead to higher oil and gas prices.
In contrast, a Marist Poll also released this week found that 59 percent of Americans, when asked to consider November’s elections, said they wanted to ensure that everyone who wants to vote can do so — compared to 41 percent, who said their priority was making sure that no one who is ineligible can vote.
Sen. Ron Johnson (R-Wis.) said in an interview that he gives the president credit for making a “tough decision” on Iran but that “it’s not going to be necessarily good for the midterms.”
“Do I feel confident? I never feel confident,” he said. “It’s going to be a tough midterm.”
Sen. Shelley Moore Capito (R-W.Va.) when speaking to reporters this week urged patience on rising gasoline prices but acknowledged if they persist into the summer, “that’s always bad.”
Sen. Rand Paul (R-Ky.), one of the GOP conference’s louder Trump critics, was more blunt during a Fox News interview this week, saying it could be a “disastrous election” for the party if the war drags on. Trump announced Friday evening that the U.S. military had carried out a major bombing operation in an apparent attempt to pressure Iran into reopening the Strait of Hormuz, a waterway which carries roughly 20 percent of the world’s oil.
Retiring Sen. Thom Tillis (R-N.C.), whose state is very much in play with his exit, said he’s seeing parallels to 2018, when Democrats won the House amid deep dissatisfaction with Republican leaders on Capitol Hill and in the Trump White House.
Tillis, who frequently vocalizes the concerns many of his colleagues express privately, said some Republicans have asked him, “‘why are you saying this out loud?’”
“Democrats are going to … take advantage of the increase in energy and drive the affordability message and we’ve got to have an answer for affordability,” he explained.
“We’ve just got to be realistic about it,” Tillis added. “We’ve got a voter enthusiasm gap that we need to address.”
Congress
One month later, the DHS shutdown shows no signs of ending
Top Democrats and White House officials are nowhere near close to a breakthrough in negotiations to end the Homeland Security shutdown as the funding lapse is due to hit its one-month mark Saturday and real pain begins.
It’s been more than two weeks since the White House laid out its latest proposal for restoring full Department of Homeland Security operations alongside changes to the Trump administration’s immigration enforcement tactics, and Democrats have yet to send a formal counteroffer in the negotiations spurred by the fatal shootings by federal agents in January of two U.S. citizens in Minnesota.
TSA screeners are now missing their first full paychecks of the shutdown, which could lead to more agents skipping work or quitting — and exacerbate already-lengthy wait times at airport security checkpoints throughout the country. Republicans think this could be the breaking point where Democrats relent.
“I’m hopeful that as you see these problems at the airports, that the public will start talking to Democrats,” said Sen. John Hoeven (R-N.D.).
But Democrats have a legislative rebuttal: Bills that would fully fund TSA and other parts of DHS that are casualties of the larger immigration standoff. Republicans have repeatedly objected over the last two weeks when Democrats asked for votes on those bills on the Senate floor.
“Who’s standing in the way? America, look at it,” Senate Minority Leader Chuck Schumer said in a floor speech Thursday. “We’re not putting any preconditions on funding TSA; the Republicans are.”
The Trump administration remains in “frequent” communication with senior Democratic lawmakers, according to one senior White House official granted anonymity to discuss private conversations. Another White House official said the president’s team “remains interested in continuing conversations with Democrats about ways to end this shutdown” but that “Democrats, regrettably, have chosen to punish the American people.”
Yet since the DHS shutdown began Feb. 14, Democrats on Capitol Hill say the administration has been unwilling to make any significant changes to its immigration enforcement tactics, while Republicans insist that the White House has in fact offered Democrats a deal they would be foolish not to take. Amid finger-pointing and deep distrust, there’s no sign the impasse will anytime soon.
On both sides, negotiators have been careful not to divulge the details of the offers each party is representing very differently. Senate Appropriations Chair Susan Collins (R-Maine) said in an interview this week that she “would like to see the Democrats actually read what the White House sent. It is an eminently reasonable proposal.”
The Senate’s top Democratic appropriator, Washington Sen. Patty Murray, suggested Thursday this wasn’t the case. She also said that while people outside the negotiations are “guessing” at the contents of the recent White House framework, ultimately “words matter.”
“You can have money for body cameras, but not require them — two very different things,” she said of GOP claims about what has been proposed. “I don’t want to characterize anything.”
Democrats are demanding new policies that would prohibit federal immigration agents from wearing masks, require officers to display identification and ensure that agents would be barred from detaining people in certain places, such as churches and schools. Democrats also aren’t budging on the demand that ICE obtain judicial warrants for making arrests.
Growing impatient as the shutdown stretches on, several Republican senators have tried to start up negotiations with their Democratic counterparts, despite GOP leaders initially deferring to the White House to handle dealmaking with the minority party.
Democrats have largely rebuffed those entreaties, however, arguing such talks could result in giving ground to congressional Republicans only to then see the White House renege on commitments. Democrats are especially worried about being railroaded by Stephen Miller, White House deputy chief of staff for policy and the architect of President Donald Trump’s hard-line immigration agenda.
“Things go back to the White House, and Stephen Miller, who’s an extremist, says ‘no,’” Sen. Jeanne Shaheen (D-N.H.) said in an interview.
Shaheen and other lawmakers have suggested it could be helpful for the White House to deputize a lead negotiator — but not Miller.
“Stephen Miller has a view that is outside of the American mainstream, and so it’s gonna be hard,” said Sen. Brian Schatz (D-Hawaii) in an interview. “If Susie Wiles were in charge of the discussion, that would be a different conversation.”
Wiles, who has served as White House chief of staff for more than a year, is involved in the talks, according to one senior White House official. But that official said talks toward a DHS funding deal are also led by Trump himself and a team headed by James Blair, White House deputy chief of staff for legislative, political and public affairs.
“There’s no blueprint to this,” the official said of the ongoing talks. “There’s multiple people working on it.”
In the days following the U.S.-Israel strikes on Iran, Republicans cited an increased risk of terrorist attacks in calling on Democrats to vote for restoring full DHS operations. But the argument did not shake loose any additional Democratic support, including on Thursday when Senate Majority Leader John Thune forced a procedural vote on the House-passed DHS funding bill.
A more tangible pressure point than a theoretical attack on U.S. soil could be further disruption to civilian air travel. The longer a shutdown goes on, the more disgruntled TSA agents will become, since they are forced to work without pay. TSA divulged this week that about 300 security screeners have quit since funding lapsed last month — and the workforce is poised to miss a full paycheck for the first time this shutdown.
In Denver, airport officials asked the public this week to donate $10 and $20 gift cards to help TSA agents pay for groceries and gas.
“When the pain goes from the poor TSA agents — who deserve to be paid, and whose families deserve to have them paid — when that pain gets translated to travelers, it gets worse,” Sen. Kevin Cramer (R-N.D.) said in an interview. “And that’s what we sure hope we can avoid in the next few days or week or two.”
While security lines grow longer at U.S. airports, news coverage of ICE and CBP agents detaining people in the interior of the country has declined.
“The further and further that we get away from January and the events that occurred in January, then the less and less leverage Democrats are going to have — and the more you may have issues at airports,” said a person close to the White House. “That’s going to put pressure on Democrats.”
At the same time, the Trump administration has stemmed the impact of the shutdown on most of the DHS workforce by bankrolling paychecks with money from the party-line tax and spending package Republicans enacted last summer. That includes pay for law enforcement officers at the Secret Service and active duty members of the Coast Guard.
DHS can also sustain work at ICE and CBP with the more than $100 billion Republicans delivered for those agencies within the party-line legislation last year.
“Democrats aren’t even shutting down what they have a problem with,” said another person close to the White House. “For the defenders of government workers and minorities, I think it’s wild that Democrats are withholding paychecks from TSA.”
Furthermore, Trump administration officials contend that the law does not allow funding from the GOP megabill to be used for TSA paychecks.
“Only way to get TSA paid is for Democrats to vote to reopen the government and not hold this key funding hostage,” said a senior administration official not authorized to speak publicly about interpretation of the law.
Stewart Verdery, who served as a DHS assistant secretary under former President George W. Bush, said he would be surprised if the Trump administration tried to find a way to pay TSA agents as the lapse drags on.
“TSA agents not getting paid is a very visible signal of the situation Democrats are creating,” Verdery said. “And I’m not sure why you’d want to solve it yourself.”
Beyond the Trump administration, congressional Republicans have also been unwilling to alleviate that pressure point by funding TSA and other DHS operations while leaving ICE and Customs and Border Protection hanging. Increasingly, Democrats are continuing to showcase that GOP resistance.
“If we can’t move forward funding the entire department, sitting down and negotiating in good faith — which you’ve had plenty of time to do already — we should be able to come together to pay the hardworking staff of one of its most essential components: TSA,” Sen. Jacky Rosen (D-Nev.) said on the floor this week.
“Talk is easy,” she continued, questioning whether GOP senators would “back up what they say with their vote.” Republicans objected.
Eli Stokols contributed to this report.
Congress
Who’s on the Gonzales probe
The House Ethics Committee named members to the investigative subcommittee that will probe allegations against embattled Rep. Tony Gonzales (R-Texas), who allegedly had an affair with a staffer who later died by suicide.
The panel will be chaired by Rep. Michael Guest (R-Miss.) and include Reps. Deborah Ross (D-N.C.), Ashley Hinson (R-Iowa) and Greg Stanton (D-Ariz.).
Gonzales recently announced he would not seek reelection, after House GOP leadership urged him to abandon his bid.
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