Judicial Hub

Brown, Husted, and the Blue Slip

When Ohioans choose between Republican Jon Husted and Democrat Sherrod Brown this November, the winner will serve only two years, but that could be enough to reshape the state’s federal bench.1 Thanks to a Senate Judiciary Committee tradition known as the “blue slip,” a district court nominee can’t advance unless both home-state senators approve.2 With Republican Bernie Moreno set to hold Ohio’s other seat through 2031, a Brown win would give a Democrat a say over who President Trump nominates for the state’s federal district courts.

We broke down how blue slips work in The Texas Senate Race’s Judicial Stakes. In short, a district court nominee needs positive slips from both home-state senators to be considered by the Senate Judiciary Committee. Circuit nominees don’t.3 2

Four candidates are running for Senate. For the Republican ticket, it is incumbent Senator Jon Husted, who Republican Governor Mike DeWine appointed to replace Vice President J.D. Vance (R). Former Senator Sherrod Brown, who lost reelection in 2024 by about four points, is running again to reclaim a Senate seat.1 4 Brown won his first Senate election in 2006, beating, coincidentally, DeWine by about 12 points during what is considered a “blue wave.” For about 18 years, Brown worked with presidential administrations of both parties to get judges onto the state’s district courts.5 If he wins, he would resume these efforts for another two years. The term is short because this is a special election to fill the seat to finish Vance’s term.1 As such, Brown would assume office on December 15. 6 This is notably different from the Texas race we covered, as whoever wins that race would serve for six years and would assume office next year.3

The other two candidates on the ballot are a Libertarian, William “Bill” B. Redpath, and an independent, Greg Levy.1 Only the Democratic and Republican candidates have a realistic chance of winning, according to FiftyPlusOne. Current polling show Husted trailing Brown by an average of five points, though experts rate this race highly competitive.7 8

The outcome decides whether the White House can fill potential vacancies with relative ease for the last two years of Trump’s term. If Brown wins, the administration would have to negotiate with him, as it did in Trump’s first term, and Brown and Moreno would need to agree on consensus nominees. If Husted wins, Republicans keep both seats and the status quo holds, possibly beyond 2028 if he’s reelected. A Brown win in 2028 would likewise extend that negotiation.

Brown winning may slow the swing of Ohio’s two districts toward more Republican appointees for at least a little bit. As of October 1, Republican appointees make up 54.5% of active judges in the Northern District and 62.5% in the Southern. The Southern District has two Clinton appointees, while the Northern District has two GWB and two Obama appointees. Of these six, five are eligible for senior status while one is projected to reach eligibility in 2027. During Brown’s two years, if he wins, these judges may assume senior status (or retire), providing a chance of cooperation between the senators and the administration. If Husted wins and these four Democratic-appointed judges assume senior status or retire, these districts would be more one-sided toward Republican appointees than they have been in decades.9

Setting aside the Ohio race and blue slips, there is a separate but related scenario. If Democrats win a Senate majority, whether or not Brown wins, the Trump administration would face a different obstacle. A Democratic majority would put a Democrat as chair of the Judiciary Committee, who is currently Republican Chuck Grassley of Iowa.10 It would also make a Democrat Majority Leader, who controls the floor calendar and so whether a nominee gets a full Senate vote. To get confirmations through, the administration would likely have to nominate more moderate candidates for every court, including the circuit courts and the Supreme Court.

Suggested Article Card
Suggested Article Collage of Texas Senate candidates over a map of Texas's federal judicial districts

The Texas Senate Race’s Judicial Stakes

Most of the coverage has focused on the candidates themselves, but one result has gotten little attention: the race could decide who gets to be a federal judge in Texas.

Read the Article →

References

  1. Producer, Sarah Robles, Multimedia. “Four Candidates Running the Race for U.S. Senate Seat in Ohio.” WFMJ, 29 Sept. 2026, https://www.wfmj.com/news/ohio-pennsylvania-news/four-candidates-running-the-race-for-u-s-senate-seat-in-ohio/article_c35b8ad1-173f-4c55-b3d3-bc704d6fa988.html.[↩][↩][↩][↩]
  2. The Blue Slip Process for U.S. Circuit and District Court Nominations (1917-Present) (2026), https://www.congress.gov/crs-product/R44975.[↩][↩]
  3. “The Texas Senate Race’s Judicial Stakes.” Judicial Hub, https://judicial-hub.com/texas/. Accessed 1 Oct. 2026.[↩][↩]
  4. Ohio Senate Election 2024 Live Results: Bernie Moreno Wins. https://www.nbcnews.com/politics/2024-elections/ohio-senate-results. Accessed 1 Oct. 2026.[↩]
  5. “Sherrod Brown.” Ballotpedia, 24 Sept. 2026, https://ballotpedia.org/Sherrod_Brown.[↩]
  6. Section 3521.02 – Ohio Revised Code | Ohio Laws. https://codes.ohio.gov/ohio-revised-code/section-3521.02. Accessed 1 Oct. 2026.[↩]
  7. FiftyPlusOne – Ohio General Senate Election Polls and Average for the 2026 General Election. https://fiftyplusone.news/polls/senate/general/ohio. Accessed 1 Oct. 2026.[↩]
  8. “2026 CPR Senate Race Ratings.” Cook Political Report, 23 Sept. 2026, https://www.cookpolitical.com/ratings/senate-race-ratings.[↩]
  9. “Judicial Database.” Judicial Hub, https://judicial-hub.com/judicial-database/. Accessed 1 Oct. 2026.[↩]
  10. Members | United States Senate Committee on the Judiciary. https://www.judiciary.senate.gov/about/members. Accessed 1 Oct. 2026.[↩]