The Blue-Slip Rule Is On Its Last Legs

For indispensable reporting on the coronavirus crisis and more, subscribe to Mother Jones' newsletters.


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.

Thank you!

We didn't know what to expect when we told you we needed to raise $400,000 before our fiscal year closed on June 30, and we're thrilled to report that our incredible community of readers contributed some $415,000 to help us keep charging as hard as we can during this crazy year.

You just sent an incredible message: that quality journalism doesn't have to answer to advertisers, billionaires, or hedge funds; that newsrooms can eke out an existence thanks primarily to the generosity of its readers. That's so powerful. Especially during what's been called a "media extinction event" when those looking to make a profit from the news pull back, the Mother Jones community steps in.

The months and years ahead won't be easy. Far from it. But there's no one we'd rather face the big challenges with than you, our committed and passionate readers, and our team of fearless reporters who show up every day.

Thank you!

We didn't know what to expect when we told you we needed to raise $400,000 before our fiscal year closed on June 30, and we're thrilled to report that our incredible community of readers contributed some $415,000 to help us keep charging as hard as we can during this crazy year.

You just sent an incredible message: that quality journalism doesn't have to answer to advertisers, billionaires, or hedge funds; that newsrooms can eke out an existence thanks primarily to the generosity of its readers. That's so powerful. Especially during what's been called a "media extinction event" when those looking to make a profit from the news pull back, the Mother Jones community steps in.

The months and years ahead won't be easy. Far from it. But there's no one we'd rather face the big challenges with than you, our committed and passionate readers, and our team of fearless reporters who show up every day.

We Recommend

Latest

Sign up for our newsletters

Subscribe and we'll send Mother Jones straight to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate