The Senate voted Tuesday to confirm one of President Trump's judicial nominees to an appeals court post, over the objections of Democrats who pointed out that some say he is "not qualified" for the job.
The Senate confirmed Leonard Steven Grasz of Nebraska in a 50-48 vote to serve on the 8th U.S. Circuit Court of Appeals.
In the run-up to the vote, Senate Democrats noted that the American Bar Association rated him “not qualified” to serve on the federal appeals court. The organization said Grasz had “temperament issues” it found to be “problematic.”
The ABA said that those who had experience working with Grasz worried his “passionately-held social agenda,” specifically his pro-life views, made it hard for him to remain unbiased.
Additionally, Sen. Sheldon Whitehouse, D-R.I., warned Thursday that Grasz, along with two of Trump’s other judicial nominees, would “join a stream of a number of Trump nominees who will turn out to be terrible judges.”
Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, said last month he was surprised by the ABA’s opposition to Grasz’s nomination, and his fellow Republicans on the committee defended the lawyer as one who is committed to impartiality and independence.
The Democrats' opposition was seen in the Senate Judiciary Committee, which voted Grasz out of committee in a party-line 11-9 vote last week.
Democrats are powerless to stop any of Trump's nominees because of a 2013 rule change that Democrats put in place. That change allowed nominees to be advanced and confirmed by simple majority, instead of the 60 votes that were needed to advance a nominee. That means as long as Republicans agree, they don't need any Democratic votes.
Trump nominated Grasz to the 8th Circuit Court of Appeals at the beginning of August. Grasz worked as senior counsel of Husch Blackwell LLP in Omaha, Neb. He also served as Nebraska’s chief deputy attorney general for 11 years.
