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 mocked her over reports that the Chinese government tried to recruit a staff member of hers who worked in California and who was subsequently fired. He also referred to her as “sneaky Dianne Feinstein” in January after she released the transcript between congressional investigators and Glenn Simpson, a co-founder of Fusion GPS, the opposition research firm that helped assemble the controversial “Steele dossier.”
But the court battles come as Republicans have put a premium on judicial nominations as they head toward the Nov. 6 midterm elections, when they hope to keep control of Congress, or at least their majority in the Senate.
“We’re in the personnel business,” Majority Leader Mitch McConnell (R-Ky.) told WHAS, a Kentucky radio station, on Monday. “So if people want the president to be able to appoint judges and cabinet members and others for the next two years then they need a Republican United States Senate.”
The three individuals Trump intends to nominate — Patrick Bumatay, Daniel Collins and Kenneth Kiyul Lee — each have Republican ties. Bumatay and Lee are members of the conservative Federalist Society, and Collins clerked for the late Justice Antonin Scalia and worked in the George W. Bush administration.
The 9th Circuit has 29 seats, compared with 17 seats for the 5th Circuit, which is considered one of the more conservative appeals courts.
White House counsel Don McGahn argued in a letter sent to Senate Judiciary Committee Chairman Charles Grassley (R-Iowa) last week that he tried to work with Feinstein and Harris on an agreement about nominees for the seats. But, according to a timeline provided by McGahn, negotiations appeared to derail over the summer.
“We have spent nearly two years attempting to engage constructively with the Senators regarding the growing number of judicial vacancies tied to California,” McGahn wrote in the letter, according to a copy obtained by The Hill. “In fact, we have made more attempts to consult and devoted more time to that state than any other in the country.”
Feinstein, in a statement, countered that she told McGahn during a June 27 meeting that she opposed Collins, and that Lee “had problems.” In a letter to McGahn, sent earlier this month she said she remained “hopeful that we can work together to come to consensus on a package of three nominees.”
The nominations could escalate tensions on the Judiciary Committee, where emotions are still raw after the Kavanaugh confirmation fight.
Republicans are still mulling an investigation into how Ford’s letter was leaked, and Democrats on Monday sent a letter to Grassley objecting to his decision to schedule nomination hearings during the Senate’s pre-election recess.
Grassley hasn’t indicated whether he will try to move the 9th Circuit nominations, once they are formally submitted to the Senate, over Feinstein’s objections. It’s unclear if the Senate would be able to confirm them by the end of the year, or if Trump will need to renominate them in January when the new Congress is seated.
Half of the president’s circuit nominees during his first year were confirmed in less than 100 days, including one confirmed in 59 days and another confirmed in 65 days — the two fastest confirmation processes for a circuit judge since 1993, according to the Congressional Research Service.
Democrats are powerless to stop Trump’s judicial nominees without help from Republicans. Democrats nixed the 60-vote filibuster for most nominations in 2013 and Republicans have signaled they will not let objections from a home-state senator block a circuit court nominee from getting a vote on the Senate floor.
The “blue-slip” rule — a precedent upheld by Senate tradition — has historically allowed a home-state senator to stop a lower-court nominee by refusing to return a sheet of paper, known as a blue slip, to the Judiciary Committee.
But how strictly the precedent is upheld is decided by the Judiciary Committee chairman — in this case, Grassley — and enforcement has fluctuated depending on who wields the gavel on the panel.
Senate Republicans have confirmed several of Trump’s circuit court nominations even when one home-state senator did not return their blue slip. The Judiciary Committee also advanced Ryan Bounds’s circuit court nomination to the full Senate even though both home state members — Democratic Sens. Jeff Merkley (Ore.) and Ron Wyden(Ore.) — didn’t return their blue slips.
Bounds’s nomination was ultimately withdrawn when it became clear he was short of the votes needed to be confirmed.
Feinstein said that she “acted in good faith” on the recent 9th Circuit negotiations, adding that she expects her “blue slips to be honored.”




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