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
The words “blue slip” are not in the Constitution.
Just saying.
L
“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.”
Trump should call McConnell and tell him that if he doesn’t suspend the “blue slip” rule, McConnell can expect some unpleasant visitors during the night and the results will make Harry Reid’s battle with his exercise machine look like child’s play.
Since this is a tradition, I wonder how often any Republican used it to stop some of Obama’s far left, radical nominees?
I am not an expert on Senate procedures but knew about this rule for a while.
I think there must be a point where it is being abused and I would bet the Democrats are doing just that.
“Not a surprise from RAT comedian Al Franken of Minnesota. “
Yeah, while everyone rants about California, the truth if the matter is that for it’s size, Minnesota is a much bigger RAT crap hole. In my 77 years, I can’t recall anytime it didn’t vote RAT or in the case of Franken, Super RAT! And we all remember such luminaries as “Gov.” Jesse Ventura.
O never heard of that before.
Note that “tradition” does not equal “law” or even “rule.”
Hope McConnell looks at his poll numbers and does the right thing.
Al Franken has a NYT best seller currently, apparently. Some thing like “from SNL to a serious senator.” I am surprised a publisher would bother to put covers on a one paragraph essay.
OK then, I’ll bet DjT knows how to play hardball with Franken and/or Minnesocold.
“Mr. Franken said he is objecting because Judge Stras looks to Supreme Court Justice Clarence Thomas”
Using the left’s “logic” - So, Mr. Franken is a racist. Otherwise, he would not object to Judge Stras looking to SCJ Thomas as a role model.
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The ever irrelevent Al Frankenstein!
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Sounds like another arcane tradition that needs to die a horrible, painful, dhimmirat-chafing death.
Arcane my a**. This is the reason why you see left wing nuts in blue states appointed by republicans.
No wonder they can’t get anything done in the Senate ... they are operating with Romper Room rules .... time to grow up children!
“Traditions” are made to be broken. Follow the Constitution.
Time for that tradition to die.