The Blue-Slip Rule Is On Its Last Legs

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The Washington Post confirms what we’ve already heard about Senate Republicans doing away with the blue-slip rule:

Leaders are considering a change to the Senate’s “blue slip” practice, which holds that judicial nominations will not proceed unless the nominee’s home-state senators signal their consent to the Senate Judiciary Committee….Removing the blue-slip obstacle would make it much easier for Trump’s choices to be confirmed. Although Trump and Senate Republicans have clashed early in his presidency, they agree on the importance of putting conservatives on the federal bench.

….The Senate acted Thursday on Trump’s first appeals-court nomination, elevating U.S. District Judge Amul Thapar of Kentucky to the U.S. Court of Appeals for the 6th Circuit.

….“Eliminating the blue slip is essentially a move to end cooperation between the executive and legislative branch on judicial nominees, allowing nominees to be hand-picked by right-wing groups,” Sen. Dianne Feinstein (D-Calif.), the ranking Democrat on the Judiciary Committee, wrote in a memo this week. She pointed out that the vacancy for which Thapar is nominated exists only because McConnell refused to return a blue slip for Obama’s nominee, Kentucky Supreme Court Justice Lisabeth Tabor Hughes. The seat has been vacant since 2013, and Tabor Hughes never received a hearing, because blue slips were not returned.

Christopher Kang, who advised Obama on judicial nominations, said that was the reason 17 of the president’s picks did not receive hearings, killing the nominations. But the impact was even greater than that, because Obama gave up on trying to find nominees in some states, such as Texas, with two Republican senators. One vacancy on the U.S. Court of Appeals for the 5th Circuit, which covers Louisiana, Mississippi and Texas, has been open for five years.

Were Republicans snickering in private for six years because Democrats continued to be Boy Scouts during the Obama presidency, respecting the blue-slip rule despite blanket Republican opposition of the kind that Republicans now say will prompt them to kill it? Probably. Was it the right thing to do anyway? I guess I’m still unsure. But it sure doesn’t look like it.

The Brookings table above shows the effect of all this for circuit court vacancies. The absolute numbers aren’t huge, but both Bill Clinton and Barack Obama simply gave up nominating judges in states where there were any Republican senators. They would object as a matter of course and their objections would be honored. George Bush, by contrast, continued nominating judges everywhere. Democratic senators sometimes objected, but not always—and Republicans often ignored their objections anyway when they controlled the Senate.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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