Republicans Threaten to Delay Judicial Nominees on Senate Floor

Six Republican senators threatened to delay consideration of pending nominees to be federal judges and US attorneys in retaliation for prosecutions of Donald Trump.

“While it is not our intent to bring any single nominee into disrepute, if our rights are challenged on the floor of the U.S. Senate, we will prosecute a forceful public case using all the tools at our disposal,” the senators said in a statement on Thursday. “Every signer is pledged to defend against attempts to fast-track the confirmation of Biden nominees.”

Sen. JD Vance (R-Ohio), who is one of the signatories and is being vetted as a possible Republican vice presidential nominee, released a list of targets which includes 13 district court, three court of appeals, and six US attorney nominees.

Sens. Mike Lee (Utah), Bill Hagerty (Tennessee), Roger Marshall (Kansas), Tommy Tuberville (Alabama), and Eric Schmitt (Missouri) also signed the letter.

The Republican senators didn’t specify what exactly they would do to delay consideration of judicial nominations, which could include requiring additional procedural votes on motions normally adopted by unanimous consent when Senate Majority Leader Chuck Schumer (D-N.Y.) files motions to cut off debate.

“The basic idea is that we throw up all procedural hurdles,” Vance said in a brief interview after he and other senators met with Trump near the Capitol. “If we object to it, Schumer has to then file cloture, and what we’re trying to do is prevent him from getting to that place to begin with.”

Time is running short for Democrats to advance those nominations prior to the November election. The Senate won’t be in session for all of August and October, leaving less time to work through procedural motions customary to confirm judges.

A larger group of Republican senators last month vowed they wouldn’t support any Biden judicial nominees, which would complicate efforts to win required home state sign off from senators on federal trial court nominees.

Republicans also are threatening to thwart consideration of non-judicial nominees, including positions for the Treasury and State departments, the US Postal Service, and the US Sentencing Commission.