Sunday, October 14, 2018
It's Payback Time by the GOP Against Senators Dianne Feinstein and Kamala Harris on
Senator Chuck Grassley, Chair of the Senate Judiciary Committee, threw out the Senate’s blue slip tradition. The Chair of the Committee will send a blue slip to the two Senators from the state of residence of a Presidential nominee. The Senators can check aye or nay on it or not return it. The effect of the blue slip varied over the past century. Some chairs would veto a nominee unless two aye sips were returned. Others would forward it to a committee vote if only one aye were received. Some only treated it as an expression of how a Senator would vote when the nomination came to a floor vote. That’s about what it amounts to now. President Trump nominated three appointments to the liberal dominated Ninth Circuit Court of Appeals. All three are conservatives, members of the Federalist Society. The Trump Administration had negotiated with Senator Feinstein into last summer over the open seats on the Ninth Circuit. The discussions broke down. Senator Feinstein was apoplectic in learning Thursday that President Trump nominated three she had opposed to the Ninth Circuit. She wrote: “The decision to move forward on Ninth Circuit nominees without consultation or responding to my acceptance of the White House’s offer reflects President Trump’s desire to stack the court. I expect my blue slips to be honored as I was acting in good faith.” The Senator said she repeatedly told the Trump Administration that she wanted to reach an agreement on the package of three appointees, but the President moved ahead without consulting her on these three. Senator Feinstein doesn’t get it. It is irrelevant how much “good faith” she has, she has to “goodwill” in the bank after her Kavanaugh machinations. Senators Feinstein and Harris said they sent a list od three appointees to the White House, to which they were, of course, unacceptable. Conservatives are equally fed up with both Senators and the Ninth Circuit, the radical Ninth Circuit stacked with progressive judges. The court is known as the “Nutty Ninth Circus.” The Ninth Circuit includes nine states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. California, Hawaii, Oregon and Washington consistently have 2 highly progressive Senators. The blue slip gave them the power to stack the federal district courts in the Ninth Circuit and the Court of Appeals with progressive judges. Thus, the district and appellate judges have led the judicial resistance to the Trump Administration. Even if the three new appointees are confirmed to the Ninth Circuit Court of Appeals, the Democratic appointees will still be 16 judges compared to 10 for the Republicans. It’s a start. President Trump, Senate Majority Leader Mitch McConnell and Senate Judiciary Committee Chair Charles Grassley are committed to reforming the federal judiciary. A major reason for the President’s election was the control over appointments to the Supreme Court. President Trump responded with the appointment of Justices Gorsuch and Kavanaugh to the Supreme Court. The Republican Senators have further confirmed 29 appellate judges and 53 district court judges. Another 7 appellate judges and 48 district court judges are pending before Congress. Senator McConnell pushed through 15 judicial appointments last Thursday by threatening to keep the Senate in session through the election season unless they acted on the judges. The Democrats capitulated on the 15. Another 57 confirmations are pending. Several will be confirmed before 2019. Senator McConnell said Saturday “We’ll keep confirming them.” President Obama had two Supreme Court justices, 55 court of appeals judges, 268 district court judges and 4 United States Court of International Trade confirmed in 8 years. President Trump is on pace to surpass President Obama. The Democrats have then Senate Majority Leader Harry Reid to blame. The democrats under Senator Reid marched in lockstep in 2012 to eliminate th efillibuster on district and appellate judges. The intent was to pack the judiciary, especially the D.C. Circuit, with progressive Obama appointees. What goes around, comes around. The Republicans are engaged in payback. The November 2018 Senate elections are for control of the judiciary.