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Senate Judiciary Committee reports Todd Blanche; Abigail Slater also advanced amid debate on following court orders

2440000 · February 27, 2025

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Summary

The Senate Judiciary Committee voted 12-10 to report the nomination of Todd Blanche to be deputy attorney general and 20-2 to report Abigail Slater for an assistant attorney general post after hours of debate over nominees' willingness to follow court orders and the independence of the Justice Department.

The Senate Judiciary Committee on Thursday voted 12-10 to report the nomination of Todd Blanche to be deputy attorney general and 20-2 to report Abigail Slater for an assistant attorney general position, after an extended and at times heated discussion about nominees' commitments to follow court orders and the independence of the Department of Justice.

The debate centered on whether senior Justice Department officials must unequivocally state they would follow court orders they personally regard as morally repugnant. Senator Durbin warned that recent statements from the administration risk undermining longstanding checks and balances and cautioned that nominees who equivocate on obeying court orders raise “serious, existential, constitutional questions.” He said the precedents being set could weaken independent agencies and the rule of law.

Supporters of Blanche said nominees faced uncomfortable hypotheticals in questioning and defended the view that very rare, extreme cases could justify special consideration. Senator Ollie (speaking in defense during questioning) invoked President Abraham Lincoln’s historical handling of Dred Scott as an example of narrow application to avoid broader injustice and said the answer some nominees gave — that court orders are generally binding but there may be extreme exceptions — was “exactly correct.” Senator Hawley, who pressed nominees on these issues during the hearing, argued for careful consideration of the legal complexities raised.

Senator Booker and others opposed Blanche’s nomination on the grounds they do not trust him to insulate the Justice Department from partisan influence. Booker cited recent dismissals and resignations of career prosecutors and said he could not support Blanche because he “refused to answer” whether he would resign if directed by the president to drop a politically motivated prosecution.

Abigail Slater drew bipartisan praise from several senators for her record in antitrust work and her stated willingness to treat antitrust enforcement as serving the public rather than serving presidential political interests; she was reported favorably by a 20-2 vote. Senator Klobuchar and others said Slater pledged to enforce the law impartially and had the experience to pursue cases against large tech platforms.

Votes and procedure: the committee called the roll on both nominations. The clerk announced the Blanche vote as 12 in favor and 10 opposed; the Slater nomination was reported 20-2. Several senators spoke during and after the roll calls to explain their votes.

The committee then moved to consider the HALT fentanyl bill and several amendments but recessed partway through the markup to reconvene later.

Why it matters: The deputy attorney general post is second in the Department of Justice and will help set enforcement priorities. Senators on both sides said this confirmation round tests norms about the independence of the Justice Department and the willingness of high-level nominees to commit publicly to follow the law and court orders.

The committee record shows robust disagreement over how nominees should answer hypothetical questions about following court orders, with multiple senators warning that equivocation could have long-term consequences for judicial legitimacy.

(Ending) The committee advanced both nominations to the Senate calendar. The transcript shows extensive statements on their votes and the committee proceeded to consider firearm- and drug-related legislation and amendments before adjourning; additional floor action or full-Senate consideration was not part of the provided transcript.