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Why Senate Republicans won’t scrap the ‘blue slip’

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President Donald Trump last month tried to goad Sen. Chuck Grassley into ending the practice of giving deference to home-state senators in the judicial nominations process — a pressure campaign that quickly escalated into an all-out social media war on the 91-year-old Judiciary Committee chair.

“Senator Grassley must step up,” Trump said on Truth Social, noting that he got the Iowa Republican “re-elected to the U.S. Senate when he was down, by a lot.”

It didn’t work. Despite Trump’s threats to rally his base against Grassley, Senate Republicans rebuffed the attempts to get their colleague to give up on so-called blue slips, which allow members of the minority party power to effectively veto nominees for U.S. attorneys and district court judges who would serve their regions.

It also doesn’t look like their position will change heading into the fall, either, as Republicans have indicated they’ll seek a rules change to speed up the confirmation process for certain Trump nominees on the Senate floor but not at the committee level.

“As a practical matter, the Senate’s not going to give up the blue slip,” said Sen. John Kennedy (R-La.), a member of the Judiciary Committee, in an interview. “So my appeal to the president is: please reconsider. Why do we want to have this fight for nothing?”

It marks a rare instance where Hill Republicans have publicly broken with the president, underscoring how even Trump’s most loyal allies are willing to stand up to him when it comes to protecting their institution’s traditions — and their own ability to exert influence back home.

“The Senators have a real vested interest in what happens in their states,” said Mike Fragoso, a former chief counsel for nominations and constitutional law for the Senate Judiciary Committee. “At the end of the day, there’s probably very little support for what Trump wants within the conference.”

Fragoso, who also served as chief counsel for former Senate Republican Leader Mitch McConnell of Kentucky, argued that even Republicans wary of crossing the president now have taken advantage of the blue slip policy when Democrats held power. He added that there are relatively few bench seats in solidly Democratic states that Trump could even fill now without consent from Democrats.

Ultimately, said Fragoso, the blue slip’s elimination would just expose future seats in reliably red states like Florida and Texas to being filled with progressive judges by future Democratic administrations — and without the GOP getting much in return.

Grassley has also already made changes to the blue slip practice once, in 2017, when he announced he would move forward with circuit court nominees over home state senators’ objections. Although Judiciary chairs over the years had not always strictly followed that precedent, Grassley’s decision to consistently disregard it helped Trump see hundreds of judges confirmed during his first term in the White House.

It also helped to facilitate the recent confirmation of Emil Bove to the Third Circuit Court of Appeals over objections from New Jersey’s Democratic senators, Cory Booker and Andy Kim. As a senior Justice Department official, Bove was accused of recommending the administration defy court orders that would interfere with Trump’s immigration agenda.

But circuit court judges are different from district court judges: They have jurisdiction that extends beyond a senator’s state, while district judges and U.S. attorneys sit entirely within a given lawmaker’s home turf. And Republicans are finding themselves protective of maintaining control over these more localized positions as Trump is struggling to overcome Democratic roadblocks to confirming additional lower-level nominees.

Most recently, a court battle has broken out over Trump’s interim U.S. attorney for New Jersey, Alina Habba, after her temporary appointment expired and federal judges — not the president — installed a replacement. The Trump administration swiftly fired the court-selected pick and again appointed Habba, who Booker and Kim continue to oppose.

Senate Minority Leader Chuck Schumer is also leveraging the blue slip process by promising to withhold support for Jay Clayton to be the top federal prosecutor in the Southern District of New York — effectively blocking his confirmation.

Trump, losing patience, took to Truth Social in late July, calling in his post for Grassley to have the “Courage” to “step up” and abandon the blue slip “SCAM” as Democratic “SLEAZEBAGS … have an ironclad stoppage of Great Republican Candidates.”

He went on to repost a slew of messages from various users of the platform backing up Trump’s calls for a blue slip boycott and directing their ire at the longest-serving senator. One person argued that Grassley’s abandonment of the blue slip practice would be a fitting “Swan song” for his political career, with another calling Grassley a “RINO” — or, a “Republican in Name Only.”

Grassley, however, was unmoved.

“I was offended by what the President said,” he said in opening remarks at a Judiciary Committee hearing the morning after Trump’s initial post. “And I’m disappointed that it would result in personal insults.”

Grassley’s colleagues defended him, too, with Senate Majority Leader John Thune saying there simply was no appetite to change the practice on Capitol Hill.

But while Republicans continue to make the argument for keeping blue slips for political preservation purposes, others insist there will be political consequences for not eschewing the process.

Rob Luther, who was a top administration official involved in judicial confirmations during Trump’s first term, said he has long advocated for getting rid of the blue slip policy.

The conservative base, Luther explained, will soon get agitated by the outstanding number of bench vacancies that cannot be filled because of obstacles imposed by Democrats. That will especially be the case, Luther said, because there are so few openings — only about 50 free seats, according to the U.S. courts website.

“The district court blue slip issue is going to come up this term because there just aren’t enough vacancies,” Luther said. “It’s in Republican interest to get rid of the blue slips because we really need to get some solid conservatives in these deep blue states, and it’s the only way it’s ever going to happen.”

The blue slip practice also incentivizes senators to be uncooperative with their peers across the aisle, Luther said, recalling how there were significant vacancies on federal district courts during the first Trump administration because some progressive lawmakers from deep blue states were unwilling to make a deal on nominees.

Grassley seems to have anticipated this could become a liability for Republicans. Before he became the subject of Trump’s ire on the very subject, he began polling members of his committee to see if they’d support eliminating blue slips, Sen. Thom Tillis recently said on the Senate floor.

The North Carolina Republican — a member of the panel who is not seeking reelection — said he told Grassley that even if the policy were to be rescinded, he would continue to honor it anyway by opposing all relevant nominees who lacked support from their home state senators.

That stance would likely result in nominees being reported unfavorably out of the Judiciary Committee, setting up additional procedural roadblocks on the Senate floor — a counterintuitive outcome if eliminating blue slips was designed to clear the way.

In an interview, Tillis also warned of what would happen if Republicans changed the rules and then lost control of the Senate to Democrats: “It just means that you will not have any control when the roles are reversed.

“We can’t bow to pressure because of legitimate frustration in the moment,” he continued. “I get President Trump is frustrated. But I also understand, as somebody who’s spent 10 years in this institution and 10 years on Judiciary, it would be a bad idea. And he would even regret it.”

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Congress

Mike Johnson tries again to extend contested spy law

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House GOP leaders on Thursday unveiled the text of a new three-year extension of a key spy law, as Speaker Mike Johnson tried to overcome ultra-conservative resistance and pass it next week.

The proposed reauthorization of the so-called Section 702 law includes some new oversight and penalties for abuses of the spy authority but stops short of warrant requirements sought by GOP hard-liners.

Conservatives have pushed back on extending Section 702, which allows warrantless surveillance of foreigners, because of concerns about U.S. citizens being caught up in the program.

The faction that’s been opposing an extension has not yet signed off on the latest plan. GOP leaders plan to continue talks into the weekend.

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House GOP leaders scramble to sell Senate’s slimmed-down budget with promises of ‘Reconciliation 3.0’

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House Republican leaders want a floor vote next week on the Senate’s budget resolution, the first step in writing an immigration enforcement bill and passing it by President Donald Trump’s June 1 deadline.

“It has to be clean because it has to be quick,” Speaker Mike Johnson said Thursday, indicating that conservatives could not make major changes to the other chamber’s blueprint at this time.

But Johnson and others still have to lock in support from conservatives who are threatening to vote against it if it doesn’t encompass more top GOP policy priorities, and it is proving to be a delicate balancing act.

House Majority Leader Steve Scalise (La.) met Thursday morning with Budget Chair Jodey Arrington (Texas) and leaders of key House GOP factions, according to four people granted anonymity to share details of private meetings — an effort to quell concerns among some conservatives about the narrow scope of the current plan. Arrington and other senior Republicans have been pushing to expand the party-line bill currently under discussion.

Johnson, Scalise and others in GOP leadership are promising that as soon as Republicans pass a bill funding immigration enforcement and some border patrol activities, they will get to work on another measure through the filibuster-skirting budget reconciliation process.

“We’re going to move right to reconciliation, what will now be 3.0,” Johnson said, referring both to the current plan and the tax and spending megabill Republicans passed last summer. “We’re going to do it as quickly as possible.”

Some of the ideas that circulated during the closed-door leadership meeting Thursday included opening up the possibility for more tax policy changes, addressing the Trump administration’s request for $350 billion for the Pentagon, additional funding for the Iran war and spending cuts across social programs in another package.

Arrington, who is among those wishing to expand the upcoming reconciliation effort, is seeking steep spending reductions to social programs and hopes to revisit Obamacare spending — including cost-sharing reductions, which would reduce out-of-pocket health costs.

Leadership of the Republican Study Committee, meanwhile, is demanding that any third reconciliation bill be fully paid for. There has been limited angst over “pay-fors” for the current party-line pursuit because the measure is an attempt to fund the immigration enforcement agencies and circumvent regular appropriations negotiations, which have been stuck for months.

But many Republicans are doubtful their party will be able to pass another party-line bill ahead of the midterms and see the immigration funding bill as their last bite at the apple. Some of them, including Rep. Warren Davidson of Ohio, are threatening to vote against the Senate budget resolution that would unlock the reconciliation process for the immigration funding measure unless it can incorporate more items from the hard-liners’ wishlist.

GOP leaders are now scrambling to stave off defections. Adoption of identical budget resolutions in both chambers will unlock the ability for lawmakers to write and pass a bill through reconciliation that would send tens of billions of dollars to immigration enforcement operations run through the Department of Homeland Security, which has been shuttered since February.

Republicans are on a very tight schedule to send this bill to Trump’s desk and pave the way for ending the record-setting DHS shutdown, given White House demands.

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‘Junior reporters’ pepper Hakeem Jeffries with tough questions

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Hakeem Jeffries celebrated Take Your Child to Work Day by taking questions from the children of the Capitol Hill press corps, but it got heavy fast.

The first question: “Why do voters view Democrats so poorly?”

Jeffries responded with a lengthy explanation of broad voter distrust in institutions.

“There’s a great frustration that applies to every organized institution in this country, and Democrats are not immune from that,” he said.

But, Jeffries added, “Consistently in state after state and race after race and contest after contest, irrefutably, the American people are choosing the Democratic Party.”

He fielded other tough questions from the “junior reporters” in the room, including if he would have voted to expel Rep. Sheila Cherfilus-McCormick if she hadn’t resigned earlier this week.

“She did the right thing in stepping down,” Jeffries said.

Other questions from kids in the room did tackle lighter subjects.

Jeffries’ favorite candy? Sugar-free Hershey’s chocolate.

What did he want to be when he grew up? A point guard for the Knicks or a hip-hop star.

Does he think the Yankees will win the World Series? “Hope springs eternal.”

And, simply, “What’s next?”

To that Jeffries said: “As Democrats, we’re fighting one battle after another, pushing back against the extremism that we believe is being released on the American people by Donald Trump and my colleagues on the other side of the aisle.”

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