Free Republic

With certain federal district courts operating with a profound number of judicial vacancies, court leaders are increasingly going public with the need to fully populate their benches. The most recent salvo has come from Chief Judge Virginia Phillips of the Central District of California, who wrote a letter to Senators Lindsey Graham, Dianne Feinstein, and Kamala Harris, urging them to find ways to fill the district’s vacancies. The Central District of California, encompassing Los Angeles and environs, is authorized by federal law to have 28 active district judges. The Judicial Conference of the United States recently concluded that in fact,...

The Senate on Wednesday confirmed a controversial nominee to the San Francisco-based 9th Circuit Court of Appeals over the objections of both home-state senators. Senators voted 52-45 on Kenneth Lee's nomination to the influential appeals court, giving President Trump his 40th circuit judge since taking office. Lee's confirmation came despite neither Sen. Dianne Feinstein (Calif.), the top Democrat on the Judiciary Committee, nor Sen. Kamala Harris (D-Calif.), a 2020 presidential contender, returning a blue slip on his nomination. The blue-slip rule — a precedent upheld by Senate tradition — has historically allowed a home-state senator to stop a lower-court nominee...

After months of negotiations and delays, the White House is moving to fill California’s three vacancies on the influential 9th U.S. Circuit Court of Appeals — over the strenuous objections of the state’s two Democratic senators. President Trump’s nominees for the appeals court — litigators Daniel Collins and Kenneth Lee and Assistant United States Attorney Patrick Bumatay — are all based in Southern California, are prominent members of the conservative Federalist Society, and have worked for Republican administrations. None of the three were approved by Feinstein or Harris via a process known as a “blue slip,” the senators’ offices confirmed...

The top-ranking Democrat on the Senate Judiciary Committee suggested Wednesday the Republican chairman disrespected a female senator by holding a hearing over her objection to a judicial pick from her home state. Sen. Tammy Baldwin, Wisconsin Democrat, had withheld her “blue slip” on the nomination of Michael Brennan, President Trump’s pick to a seat to a Wisconsin-held seat on the 7th U.S. Circuit Court of Appeals. Ms. Baldwin said the state’s bipartisan commission for nominating judicial nominees was ignored by the Trump White House. But Chairman Charles E. Grassley, Iowa Republican, held a hearing on Mr. Brennan on Wednesday, suggesting...

Senate Judiciary Chairman Charles E. Grassley is ready to move forward with President Donald Trump’s appellate judicial nominees, even when home-state senators have formal objections. Grassley is going to move ahead with confirmation hearings for Minnesota Supreme Court Justice David Stras to be a judge on the 8th U.S. Circuit Court of Appeals, Politico reported ahead of a formal announcement by the chairman. “The Democrats seriously regret that they abolished the filibuster, as I warned them they would,” Grassley said on the Senate floor Thursday. “But they can’t expect to use the blue slip courtesy in its place.” Sen. Al Franken, D-Minn.,...

Senate Judiciary Chairman Charles E. Grassley signaled this week he won’t adhere to a strict “blue-slip” policy for judicial nominees, clearing the path for Republicans to install some of President Trump’s picks over the objections of home-state Democrats. Mr. Grassley said the blue-slip tradition was intended to make sure the president consults with senators about judicial picks from their states, but wasn’t intended to give those same senators an absolute veto. “A senator can’t use a blue slip to block a nominee because it’s not the person the senator would’ve picked. The president gets to nominate judges,” Mr. Grassley said...

In the ongoing dispute between the state's two U.S. senators and the Trump administration, the White House counsel accuses the lawmakers of failing to consider the administration's pick for a judicial vacancy on a federal appellate court. The White House last week nominated Assistant U.S. Attorney Ryan Bounds, a young, politically conservative federal prosecutor, for the 9th U.S. Circuit Court of Appeals. Sens. Ron Wyden and Jeff Merkley, both Democrats, want U.S. District Judge Marco A. Hernandez, a Republican, for the vacancy. Wyden and Merkley have vowed to block Bounds' nomination, saying that he wasn't vetted through their bipartisan judicial...

President Trump is eager to put his conservative imprint on the federal judiciary, but an impediment remains. Though the Senate has virtually eliminated the ability of the minority party to block appointments to the bench from the Supreme Court on down, individual senators can still thwart nominees from their home states by refusing to sign off on a form popularly known for its color — the blue slip. Now, with some Democrats refusing to consent as the Trump administration moves to fill scores of judicial vacancies, Senator Mitch McConnell, the Kentucky Republican and majority leader, is for the first time...

The conservative Judicial Crisis Network said Wednesday it’s running an ad in Minnesota targeting Democratic Sen. Al Franken for refusing to back one of President Trump’s federal court judges, telling the senator to “stop being petty” and “grow up.” Mr. Franken announced last week he won’t return his “blue slip” for Minnesota Supreme Court Justice David Stras, Mr. Trump’s nominee for the 8th U.S. Circuit Court of Appeals. Under Senate tradition, the chamber won’t proceed on a judicial nominee unless both home-state senators return their blue slips, signifying acquiescence in the pick. “Justice David Stras earned more votes and a...

Oregon Sens.Jeff Merkley and Ron Wyden have announced plans to block President Trump’s nominee for the San Francisco-based 9th Circuit Court of Appeals. In a letter to the White House on Thursday, the two Democratic senators said they do not intend to return blue slips for Ryan Bounds “or any other nominee that has not been selected through our judicial process.” “As you are aware, in May we wrote you to explain Oregon’s long bipartisan tradition of working together to identify the most qualified candidates for judicial vacancies,” they wrote. “As senators charged with the task for advice and consent...

Sen. Al Franken said Tuesday that he will use an arcane Senate tradition to try to derail one of President Trump’s appeals court nominees, marking an escalation in what has become a nasty fight over the shape of the federal judiciary. Mr. Franken said he won’t return his “blue slip” for Minnesota Supreme Court Justice David Stras, Mr. Trump’s nominee for the 8th U.S. Circuit Court of Appeals. Under Senate tradition, the chamber won’t proceed on a judicial nominee unless both home-state senators return their blue slips, signifying acquiescence in the pick. Left with little power to filibuster, the blue...

Texas Congressman Steve Stockman announced on Thursday that Senate Majority Leader Harry Reid is now refusing to transmit to the House of Representatives the amnesty bill, which the Senate voted on and passed two weeks ago. According to Stockman he believes Reid fears it will be returned to the Senate on a “blue slip” resolution, which he threatened to use to kill the bill in the House. “Even Harry Reid now admits the Senate’s amnesty bill is unconstitutional and cannot become law. Any bill that raises revenue must start in the House” said Stockman. “By creating their own amnesty taxes...

Following the passage of the Senate’s amnesty bill, Representative Steve Stockman (R-TX) sent a letter to House Speaker John Boehner. In the letter Stockman requested that Boehner immediately kill the Senate’s bill, S. 774, though a constitutionally-required ‘blue slip’ resolution. A ‘blue slip’ is a resolution that automatically returns to the Senate any bill that violates the origination clause of the United States Constitution. Blue slip resolutions are immediately considered as a matter of constitutional privilege, are debatable for an hour and are not subject to amendment. “Not only is the Senate amnesty bill an abuse of taxpayers and immigrants,...

It is times like these you know Harry Reid is thinking “that Constitution is such a pesky thing.” After spending its very limited time on a largely unknown bill that Democrats would have touted as a major success, it turns out that they overlooked one tiny little problem in the bill. Article I, Section 7 of the Constitution states that tax increases must come from the House of Representatives. Unfortunately for Reid and Senate Democrats Section 107 of bill S510 includes fees that are designated as revenue raisers. That is political talk for a tax. Since that right is held...

<p>The Senate Judiciary Committee yesterday reversed a long-held tradition by moving ahead with the nomination of a California judge to the 9th U.S. Circuit Court of Appeals over the objections of one of the judge's home-state senators.</p> <p>Approval by a nominee's home-state senators is normally required before the Judiciary Committee considers a judicial nomination.</p>

Senate Judiciary Committee Democrats urged their leadership yesterday to use the organizing resolution as leverage to give them more clout over nominations from the White House. The resolution was held up by a dispute over funding, which has prevented Republicans from taking control of committees and frustrated new Majority Leader Bill Frist (R-Tenn.). The Democratic maneuver underlines the fact that judicial nominations promise to be one of the most contentious issues of the 108th Congress. All the Democrats on the judiciary panel signed a letter to Minority Leader Tom Daschle (D-S.D.) requesting that he “include negotiations over blue slip practices...