Grassley demonstrated leadership, aided justice in reforming blue-slip process

U.S. Sen. Chuck Grassley has a long list of accomplishments working on behalf of Iowans, including holding the record for most time serving in Congress without missing a vote. And just recently, Iowa’s senior senator added to his legacy by strengthening the Senate’s ability to fill a staggering number of federal court vacancies.

These empty judicial seats are more than an inconvenience. They deprive Iowans and every American full access to our justice system.

As chairman of the Senate Judiciary Committee, Grassley did the right thing in correcting an abuse of the blue-slip process, a century-old senatorial courtesy that is neither a Senate rule nor a constitutional requirement. The move was not without controversy, but it was necessary to prevent partisan politics putting at risk one of the pillars of our democratic government.

Originally conceived as a way of encouraging consultation between the White House and a judicial nominee’s home-state senators, the blue slip has evolved into a political weapon used to block the confirmation of qualified candidates. Both parties have been guilty of such abuse at different times over the years. As a result, the confirmation process has been operating at a snail’s pace even as the number of cases is higher now than it was a few decades ago and overburdened federal judges are working overtime to keep up.

Those affected by the political infighting included David Stras, a Minnesota Supreme Court justice nominated to fill a vacancy on the U.S. Court of Appeals for the Eighth Circuit, which covers seven states, including Iowa.

Over the years, Stras has earned himself the accolades and respect from his colleagues in the legal community as evidenced in a recent letter sent to the Senate Judiciary Committee urging his confirmation. The signators, which included more than 100 Minnesota lawyers, praised Stras for his intellect and respect for the rule of law. “He has sided with both ‘liberal’ and ‘conservative’ Justices during his tenure on the court, always in pursuit of applying the law as it comes to him, without ideology or favoritism,” according to the letter.

Other qualified jurists awaiting confirmation include Michael Brennan, a former Milwaukee County Circuit judge looking to fill a federal court vacancy.

Sadly, in both of these cases, party politics has reared its ugly head in the confirmation process. In Judge Stras’ case, then-Minnesota-Sen. Al Franken refused to return his blue slip ensuring that Stras’ nomination would not advance. And for Judge Brennan, it was also the nominees’ home state senator, Tammy Baldwin, who strongly objected to his nomination, again employing the blue slip to hold up confirmation proceedings.

Sen. Grassley decided to proceed with hearings for Judge Stras and other nominees even when a blue slip had not been returned.

Thanks to Sen. Grassley’s efforts, Judge Stras was recently confirmed to join the federal bench under President Donald Trump, and a steady stream of nominees is now being considered by the Senate Judiciary Committee. Other votes are being scheduled to fill crucial federal court vacancies, including a confirmation vote in the U.S. Senate for Judge Brennan.

There are indications that the kind of unwarranted delay that Judge Stras and other jurists suffered in the partisan judicial nominating process could become a thing of the past thanks to Grassley’s firm leadership on the issue.

As Professor Carl Tobias from the University of Richmond recently pointed out, Sens. Dick Durbin and Tammy Duckworth of Illinois and Sens. Brian Schatz and Mazie Hirono of Hawaii recently worked with the Trump administration to secure the confirmation of a number of highly capable jurists from their home states.

This is precisely how the “World’s Greatest Deliberative Body” is supposed to carry out its advice and consent duties. And with close to 180 current and known future vacancies, there is plenty of work remaining for Grassley and his Senate colleagues.

Even in today’s charged environment, it is the duty of senators to ensure that fair, principled and qualified jurists nominated for the bench do not become pawns in a dangerous game of political brinkmanship that deprives the American people of the ability to pursue justice. 

Drew Klein is Iowa state director of Americans for Prosperity.

Brenna Bird is a Fremont County Attorney and has a private law practice.