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With Republicans dominating the White House, Congress and state governments, its no surprise that dominating the judiciary is the next goal. Efforts to control that independent branch of government have prompted debate on an obscure Senate rule called the blue-slip process.

Billionaire industrialist brothers David and Charles Koch, among leaders of the effort, urged supporters at a recent private retreat to work against the rule. The 100-year-old rule keeps judicial nominees from moving forward in Senate confirmation if a home-state senator objects.

The slim Republican margin in the U.S. Senate 52-48 has party bigwigs concerned that if the practice isnt eliminated, Democrats will retain too much power to delay or derail President Donald Trumps federal court nominees.

The Kochs one-page document on the rule urged attendees, who included many important Republicans, to press the issue with the Senates GOP leadership and other Republican senators they know. Tell them not to allow needless delay tactics and obstruction of the process, the document read.

The stakes are high. Trump arrived in office with more than 100 vacancies to fill on the federal bench, partly because Senate Republicans blocked many of President Barack Obamas nominees.

Nine of the countrys 13 federal appeals courts currently have a majority of Democratic presidents nominees. Among the 179 appeals court seats there are 21 vacancies. Trump has announced nine nominees for those courts and 22 for 107 lower court openings.

Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee, is pushing back. She says ending the practice would allow nominees to be hand-picked by right-wing groups, and accused the White House, the Koch brothers, and the conservative Judicial Crisis Network of falsely suggesting Democrats are trying to obstruct presidential nominees.

Democratic senators are considering nominees fairly, and many have long judicial records home-state senators must review carefully, Feinstein says. Scrutiny is most important when home-state senators were not consulted before nominees were chosen, she says, adding, and that goes for Democrats and Republicans.

Congressional rules that aim to keep the branches of government operating within the two-party system must be carefully preserved. If they work for both Democrats and Republicans, the party in the majority shouldnt opt to exercise their authority because it will come back to bite them.

Witness Democratic senators response to the Republican blockade of Obamas nominees in 2013. They changed the rules to allow simple-majority approval of judicial or executive branch nominations, enabling them to win swift victories for the presidents picks. That backfired when Democrats lost the majority and Republicans could approve Trumps Cabinet nominees with the lower, 51-vote threshold.

Americas federal court system is not perfect, but its not rigged, as Trump asserted. Efforts by billionaires to undermine judicial independence threaten our democracy.

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Maintaining an independent judiciary is critical for democracy - Manhattan Mercury (subscription)