GOP senator won't back Biden judicial pick, potentially dooming nominee

(Reuters) - Republican U.S. Senator Ron Johnson of Wisconsin said he will oppose President Joe Biden's pick to serve as a federal district court judge in his home state, a decision that could result in the first failed judicial nomination of his presidency.

Johnson said late Tuesday he opposed Milwaukee County Circuit Judge William Pocan's nomination to be a district judge in the Eastern District of Wisconsin, the first time a senator had not returned a "blue slip" indicating support for a district court pick by Biden in his or her home state.

While Senate Democrats have followed in Republicans' footsteps by not requiring home state senators to return those slips to advance picks for federal appeals court seats, they have continued to respect the longstanding tradition for district court nominees.

"I look forward to working with President Biden on selecting a suitable nominee," Johnson said in a statement.

White House spokesperson Andrew Bates called Johnson's decision an "arbitrary reversal." Johnson, along with his Democratic Wisconsin colleague, U.S. Senator Tammy Baldwin, had jointly recommended Pocan as a potential nominee in June.

Biden in December nominated Pocan, the brother of Democratic U.S. Representative Mark Pocan, to become the first LGBT federal judge in Wisconsin.

U.S. Senator Dick Durbin of Illinois, the Senate Judiciary Committee's Democratic chair, stressed that point at a Wednesday hearing where Pocan was expected to appear along with three other judicial nominees.

Durbin said he hoped Johnson's position "is not an indication of any procedures to come in the future." He had previously reserved the right to not allow district court nominees to be blocked depending on a senator's reasons for doing so, such as if it were due to race or gender.

"Before I say anything more I want to discuss this with Senator Baldwin," Durbin said.

Pocan and Baldwin did not respond to requests for comment.

Johnson in his statement cited "concerns from the Green Bay legal community that they needed a judge who is locally based and actively involved in their community."

Pocan does not live in Green Bay, though Durbin said if confirmed, he planned to move there.

Johnson also mentioned the tragedy in Waukesha, Wisconsin, in which prosecutors say a man free on $1,000 bail drove a vehicle into a Christmas parade, killing six people.

Johnson said it “never should have happened" and that he would not back a nominee who has "granted low bail for someone charged with violent felonies."

Pocan, though, was not involved in that case. Bates said Johnson's stated rationale was "without foundation."

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