Why it Matters
The Senate Judiciary Committee business meeting on Nov. 10 moved four district court nominees and held over S.5289, a bill to protect the free exercise of religion. Democrats used the meeting to fight the majority's process, and Chair Sen. Chuck Grassley (R-IA) ruled a subpoena motion from Sen. Adam Schiff (D-CA) out of order.
Grassley said the committee would vote on the Trump administration's nominees for U.S. District Judge, namely Daniel Ballou, Richard Bennett, Courtney Coker and Kyle Reardon, with the other nominations and the bill held over. S.5289 has had no committee vote yet.
The administration's reported policy on American Bar Association (ABA) vetting is part of the friction. Reuters reported in May 2025 that the Justice Department curtailed the ABA's role in vetting judicial nominees, and Grassley opened by attacking the ABA.
The Big Picture
The meeting combined a bill and six district court nominations, and was followed by a hearing on pending nominations. Nominees Ballou, Bennett, Coker and Reardon were the four put to a vote.
S.5289 is the Right to Worship Act. Truthout reported that the Muslim Public Affairs Council and Bend the Arc: Jewish Action urged the committee on Nov. 5 to oppose it, citing its 100-foot restrictions and private right of action.
What They're Saying
Ranking Member Sen. Dick Durbin (D-IL) said he was "puzzled" by Grassley's ABA remarks, given the committee's decision not to engage the group. Grassley's reply turned to Democratic obstruction. "Democrats have undertaken unprecedented levels of obstruction to stall President Trump's nominees," he said.
Durbin objected to the pace of nominations. "The decision is being made unilaterally without request for our consent," he said. He also said Republicans, not Democrats, forced roll calls on U.S. attorney nominees, and named then-Sen. J.D. Vance.
The sharpest exchange came on Schiff's motion for a subpoena for volume two of special counsel Jack Smith's final report. Grassley said, "Therefore, your resolution is out of order," citing his control of the agenda and pending litigation. Sen. Sheldon Whitehouse (D-RI) replied: "You're establishing a precedent by denying me this vote."
Political Stakes
The split ran along party lines on process. Durbin said Republicans were skipping the minority's consent, while Grassley said Democrats had acted the same way in 2024, when he said they confirmed 22 federal judges in a lame duck session.
Sen. Richard Blumenthal (D-CT) posted that "Ditto" was the answer from nominees to the claim that the Capitol was not attacked on Jan. 6. The Republican committee account said the panel "advanced four judges and is holding a hearing on four more."
On S.5289, ADL CEO Jonathan Greenblatt backed the bill in a statement from Rep. Tom Suozzi (D-NY)'s office. Sen. Ted Cruz (R-TX) is among the bill's Senate sponsors alongside Democrat Elissa Slotkin, per the sponsors' announcement.
The Bottom Line
S.5289 and the remaining nominations are pending before the committee. The four reported nominees await Senate floor action, and Schiff's subpoena motion drew no vote.
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