Fetterman Is First Democrat to Sign Off on Trump Court Pick

Sen. John Fetterman (D-Pa.) returned a blue slip for President Donald Trump’s pick for a Philadelphia-based federal trial court, becoming the first Democratic senator to do so on one of his second term judicial nominees.

While Fetterman returned a blue slip for Antonio “Tony” Pozos, a spokesperson for the senator said Friday he would decide whether to vote to confirm Pozos “when the time comes.” The move was first reported Friday by Punchbowl News.

Fetterman often breaks with Democrats to support certain Republican priorities, prompting frustration from progressives who have pushed for Democratic lawmakers to oppose Trump’s agenda across the board.

Progressive advocacy group Demand Justice on Friday announced a six-figure ad buy in Pennsylvania against the senator over his decision to allow Pozos’ nomination to move forward.

“This is the first opportunity for a Senate Democrat to actually stand up and stop a crony Trump judge from being seated with seated with a lifetime appointment,” Demand Justice president Josh Orton said. “Fetterman whiffed.”

Demand Justice previously targeted Fetterman in an ad push against Democrats who had voted to confirm Trump judicial nominees.

Trump said he would nominate Pozos, a partner at Faegre Drinker and former federal prosecutor, to the US District Court for the Eastern District of Pennsylvania in May.

Pozos interviewed with Sen. Dave McCormick (R-Pa.) in March and then was interviewed by the White House Counsel’s Office in April, according to his Senate Judiciary Committee questionnaire.

The week after Trump announced he was tapping Pozos, Fetterman told Bloomberg Law “I haven’t really had a conversation yet” when asked whether he was planning on returning a blue slip.

Trump in May also announced his pick for a federal district court in Michigan, which has two Democratic senators who would similarly have to return blue slips in order for the nomination to advance. Representatives for Sens. Elissa Slotkin and Gary Peters didn’t immediately return requests for comment. Punchbowl News reported neither have yet returned blue slips.

“I’m hopeful and cautiously optimistic that this is something that is part and parcel to who John Fetterman is these days, and that other Senate Democrats will stand up to Trump’s attack on the judiciary,” Orton said. “We’re prepared to step up and call out anyone else who refuses to exercise a veto over Trump’s cronies in the future.”