Posted on 09/05/2017 4:46:40 PM PDT by jazusamo
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 slip has become the most effective tool Democrats have to obstruct Mr. Trump’s court nominees.
Mr. Franken said he is objecting because Judge Stras looks to Supreme Court Justice Clarence Thomas and the late Justice Antonin Scalia as role models.
“I am concerned that a nominee nurtured by such an ideology would likely seek to impose it on the litigants before him,” Mr. Franken said in a press release announcing his decision.
(Excerpt) Read more at washingtontimes.com ...
Ha Ha Ha
So the country is going to have all Texas and Alabama judges I guess?
I hate it. Have we lost control?
This isn't a filibuster. It's a senate tradition that both state senators have to agree to allow a nominee from their state to be considered by the Senate as whole. Democrats have used it against Republican presidents, Republicans have used it against Democrat Presidents. Tom Cotton sat on one of Obama's ambassador nominations for over two years until the lady actually died. Now Franken is using it.
Senate tradition is not necessarily Constitutional. Jam it up their arses.
MOVE STATES!!!!!!
I wonder if this ‘blue slip’ procedure is one that McConnell can change.
Yes. There’s nothing to prevent it being waved and It’s high time. It’s more tradition than rule.
It little Al is opposed to him then we need to appoint this Judge.
Its been like this for a long time.
It is so simpler— Just MOVE STATES!!!
If MCConnell had any balls , he would tell Franken to keep the slip and put it where the sun don’t shine and proceed to a vote.
What is Pat going to do about it?
Senate traditions can go to hell—we have a country to save.
Amen to that. Franken is doing this to obstruct, not because there’s a darn thing wrong with Justice David Stras.
That is an easy one. Since it is not in the Constitution, it should be ignored. Just like the un-Constitutional filibuster rule should be junked.
It is time for a serious review of all these Senate rules.
I know the old story, “The Republicans will need them when in the minority.”
Frankly some of them are just plain dumb and need to be gone..
It the Republicans get behind Trump they can stay in power for many years.
Two things will guarantee it.
1. Trump’s overall program to MAGA will resound for many years if it is implemented.
2. The Democratic Party has embraced socialism and it will not sell.
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.
Doesn’t sound like it is even a rule....
Well, let’s be done with tradition.
A report issued by the Congressional Research Service in 2003 defines six periods in the use of the blue slip by the Senate:
“From 1917 through 1955: The blue-slip policy allowed home-state Senators to state their objections but committee action to move forward on a nomination. If a Senator objected to his/her home-state nominee, the committee would report the nominee adversely to the Senate, where the contesting Senator would have the option of stating his/her objections to the nominee before the Senate would vote on confirmation.
“From 1956 through 1978: A single home-state Senator could stop all committee action on a judicial nominee by either returning a negative blue slip or failing to return a blue slip to the committee.
“From 1979 to mid-1989: A home-state Senator’s failure to return a blue slip would not necessarily prevent committee action on a nominee.
“From mid-1989 through June 5, 2001: In a public letter (1989) on the committee’s blue-slip policy, the chairman wrote that one negative blue slip would be “a significant factor to be weighed” but would “not preclude consideration” of a nominee “unless the Administration has not consulted with both home state Senators.” The committee would take no action, regardless of presidential consultation, if both home-state Senators returned negative blue slips.
“From June 6, 2001, to 2003: The chairman’s blue-slip policy allowed movement on a judicial nominee only if both home-state Senators returned positive blue slips to the committee. If one home-state Senator returned a negative blue slip, no further action would be taken on the nominee.
“2003: A return of a negative blue slip by one or both home-state Senators does not prevent the committee from moving forward with the nomination — provided that the Administration has engaged in pre-nomination consultation with both of the home-state Senators.”[4]
https://en.wikipedia.org/wiki/Blue_slip
Screw tradition.
Time to march forward.
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