Popular vote loser Donald Trump loves to talk about how the Democrats are obstructing everything he's trying to do, but the reality is he's shutting them out of every process and every decision he makes. The area where that has the most terrifying implications for the future of the nation as a functioning representative democracy, outside of nuclear war with North Korea, is in the appointing of judges—most with lifetime terms of service. Democrats are being kept entirely out of the loop in the nomination process.
University of Pennsylvania law professor Stephanos Bibas met privately with his state's GOP senator, Pat Toomey, before Trump chose him to the 3rd U.S. Circuit Court of Appeals in June — but not with Democratic Sen. Bob Casey, according to a questionnaire submitted by Bibas to the Senate Judiciary Committee about his nomination. Same goes for 7th Circuit nominee Amy Coney Barrett, who interviewed with Sen. Todd Young (R-Ind.) about the appellate vacancy but not fellow Indiana Sen. Joe Donnelly, a Democrat.
And in Minnesota, 8th Circuit nominee David Stras met personally with two House Republicans who had recommended him to the White House but with neither of the two senators — Democrats Al Franken and Amy Klobuchar — who actually wield influence over whether Stras’ nomination can advance.
“Let’s be clear: The Trump administration did not meaningfully consult with Sen. Franken prior to Justice Stras’ nomination,” Franken spokesman Michael Dale-Stein said. “Rather than discuss how senators traditionally approached circuit court vacancies or talk about a range of potential candidates, the White House made clear its intention to nominate Justice Stras from the outset.”
House members have never—ever—had a formal say in judicial nominations. Sure, senators on good terms with them might solicit their input and in turn take their nominees to the White House, but this is not how it's supposed to work. Because the constitution—that document that is supposedly so revered by the Republican party—says that it's the Senate, not the House, that provides its advice and consent on nominees. It's a constitutional obligation for the president to work with the Senate—the whole Senate, not just the Republicans—to find the best people for the jobs.
That's out the window, along with every other norm and tradition. As of now, it looks like Republicans are going to go along with shoving through every nominee Trump comes up with, just like they did with Neil Gorsuch on the Supreme Court. Sen. Chuck Grassley (R-IA), chair of the Judiciary Committee, has already signaled that he'll ignore the "blue-slip" tradition—waiting for the home state senators of a nominee to provide their approval—before taking up nominations. If the home state senators are Democrats, that is.
Meanwhile, Trump just keeps on attacking the Republican Senate leader Mitch McConnell, keeping a one-sided Twitter onslaught alive every day. Senate Republicans are apparently going to award him for that behavior by pushing through his nominees. Which is kind of nuts, but they'll apparently put up with anything to advance their partisan agenda. Including Trump.
Democrats have no choice but to do everything in their power to slow down the Judiciary committee, even if it means boycotting committee meetings, and standing in the way on the Senate floor, with whatever tactics it takes. There are limits to what they can achieve, but they can at least limit the damage by making it happen as slowly as possible.