At age 91, Sen. Chuck Grassley (R-Iowa) would be one of the oldest senators to ever chair a committee, with the Iowa Republican in line to head up the powerful Senate Judiciary Committee in the next Congress — provided Republicans win on Nov. 5.
But behind the scenes, GOP senators and aides are privately raising concerns about Grassley’s ability to once again lead the Judiciary panel, which will play a prominent role over the next two years regardless of who’s in the White House.
There could be multiple Supreme Court nominations, and the next president — whether it’s Kamala Harris or Donald Trump — will also prioritize other judicial picks. Plus, the panel has jurisdiction over several high-profile legislative areas, from Big Tech regulation to abortion rights.
Grassley’s office is already making preparations for him to reclaim the Judiciary gavel, and there are no indications Grassley is being pressured to step aside. Grassley’s defenders say the eight-term senator is the obvious choice for the post given his record of shepherding Trump’s Supreme Court picks through the chamber amid unrelenting opposition and outside pressure.
“Even at age 91, Grassley runs circles around his colleagues,” said Mike Davis, Grassley’s former chief counsel for nominations. “It is wishful thinking if people think he’s not going to be the next Republican chair of Senate Judiciary. Trump will be very happy it’s Grassley because Grassley has proven he’s very effective for Trump.”
Not everyone agrees.
‘Not a knife fighter’: A Republican senator who sits on the committee, granted anonymity to speak candidly, doubted Grassley’s ability to go toe-to-toe with the committee’s top Democrat, Sen. Dick Durbin of Illinois, as well as with a Harris White House.
“Chuck is extremely sharp. A lot of it is just his disposition — he’s not a knife fighter. He’s just too genteel for that,” the GOP senator told us. “I’ve watched Durbin operate and he is good at his job. He will not hesitate.”
To be sure, Republicans aren’t comparing Grassley to the late Sen. Dianne Feinstein (D-Calif.), who opted to step aside as the committee’s top Democrat in late 2020 amid questions about her mental acuity. At the time, Feinstein faced furious criticism from Democratic activists over how she handled Brett Kavanaugh’s and Amy Coney Barrett’s SCOTUS nominations.
The concerns about Grassley — expressed to us by several senators and aides — stem from the expectation that there could be multiple Supreme Court openings in the next Congress, especially if Trump wins. Some Republicans don’t view Grassley as the type of “fighter” necessary to combat Democrats going all-out to attack any Trump nominee.
Another GOP committee member suggested to us that Justices Clarence Thomas and Samuel Alito could retire next year, for example. And a number of Democrats have long raised concerns about Justice Sonia Sotomayor’s health.
“The stakes are going to be high,” this senator added.
Musical chairs: On Judiciary, Sen. Lindsey Graham (R-S.C.) is second in seniority to Grassley. Graham served as Judiciary chair during Barrett’s confirmation process.
Graham is currently the ranking Republican on Judiciary, while Grassley holds that post on the Budget Committee. However, Grassley has two years of eligibility left as Judiciary chair, and the seniority to jump in front of Graham.
The Budget Committee gavel — while it would come with staff and the ability to hold hearings — is only really critical if Republicans need to do budget resolutions for reconciliation. Republicans can do that if they hold the House, Senate and White House. Otherwise, Budget isn’t a frontline committee like Judiciary — at least not anymore.
Yet some conservatives are also uncomfortable with the idea of Graham serving as Judiciary chair, especially if Harris is elected president. Graham has a history of voting in favor of Democratic judicial nominees.
For his part, Graham told us Monday evening that he has “all the confidence in the world in Sen. Grassley’s ability to chair the Senate Judiciary Committee.”
Grassley’s response: Grassley’s supporters say the Supreme Court’s conservative majority wouldn’t have happened without him, dating back to his decision to forgo a hearing on Merrick Garland’s nomination in 2016 — although that was mostly driven by then-Majority Leader Mitch McConnell.
Grassley was also Judiciary chair during the confirmation hearings for Kavanaugh and Neil Gorsuch, which were extraordinarily controversial. Especially Kavanaugh.
“Would any other senator have been able to do what Grassley did?” asked Michael Zona, a former top Grassley aide. “Has anyone had more success in confirming judges than Grassley? Who else has demonstrated they won’t buckle under political pressure more than Grassley?”
Clare Slattery, a spokesperson for Grassley, cited the senator’s “proven track record of success.”
“Senator Grassley looks forward to continuing to deliver on his rock solid conservative record as Judiciary Chairman in the next Republican Senate Majority,” Slattery added.
