Posted on 05/08/2019 9:15:58 AM PDT by jazusamo
The Senate on Wednesday confirmed President Trump ’s pick for an influential circuit court despite neither home-state senator returning a blue slip.
Senators voted 54-42 on Joseph Bianco’s nomination to serve as a judge for the second circuit. Democratic Sens. Joe Manchin (W.Va.) and Doug Jones (Ala.) voted with Republicans to confirm him.
Bianco’s confirmation comes despite neither Minority Leader Charles Schumer (D-N.Y.) nor Sen. Kirsten Gillibrand (D-N.Y.) returning a blue slip on his nomination. He is Trump’s 38th appeals judge to be confirmed.
Bianco was confirmed unanimously to serve as a district court judge in 2005 but his current nomination had run into controversy because of his ties to the Federalist Society.
Judicial nominations have also become a lightning rod during the Trump administration, with Republicans moving on appeals judge nominations despite the objections of Democratic senators.
The confirmation of Bianco marks the third circuit court judge to ever be confirmed without a blue slip, a sheet of paper that indicates if a home-state senator supports a nominee.
The blue-slip rule — a precedent upheld by Senate tradition — has historically allowed a home-state senator to stop a lower-court nominee by refusing to return the blue slip to the Judiciary Committee.
How strictly the precedent is upheld is decided by the committee chairman, and enforcement has varied depending on who wields the gavel.
But the use of the blue slip has emerged as a flashpoint during the Trump administration as several Democratic senators have refused to return their paperwork on circuit court nominees from their home states, setting up a round of fights between Democrats and the White House.
The Senate confirmed several appeals judges who were missing one blue slip last year, but the confirmation in February of Eric Miller to be a 9th Circuit judge was the first known instance of an appeals judge being confirmed without a blue slip from either home-state senator.
Senate Republicans also confirmed Paul Matey for the 3rd Circuit though Sens. Bob Menendez (D-N.J.) and Cory Booker (D-N.J.) didn’t return their blue slips.
The Senate is also expected to vote this week on Michael Park’s nomination to serve as a judge on the U.S. Court of Appeals for the 2nd Circuit. Park also did not receive a blue slip for Schumer or Gillibrand, which would make him the fourth appeals judge confirmed despite objections from both home-state senators.
Schumer pledged after the two were voted out of the Judiciary Committee that he would oppose the nominations characterizing them as “another partisan push by Senate Republicans for hard-right nominees to get lifetime appointments on the federal bench.”
“I will be strongly opposing these nominations when they come to the Senate floor,” he said at the time.
Republicans have homed in on confirming Trump’s court picks, arguing it's their best shot at having a long-term impact on the direction of the country. They set a record pace at confirming appeals judges and confirmed Trump’s 100th judge overall last week.
McConnell praised Bianco ahead of his vote on Wednesday, noting the Senate’s previous support for him.
“The Senate confirmed him to that last role by a voice vote back in 2005,” he said. “So I hope we can muster another strong, bipartisan vote of confidence in this exceptionally well-qualified nominee.”
Good, screw the blueslips.
Democrats always play hardball, it’s about time Republicans did.
My feelings exactly.
They have been playing hardball while we rolled over for decades.
Feed it to em’ until they choke on it. The fact they will choke with rage as well makes it even better.
Good.
One senator should not have that much power to negate or override what everyone else is voting for.
The Senate has institutionalized the reach-around.
Exactly!
I'm guessing the "blue slip" was originally just a way for the home state senator (who presumably knows something about the nominee) to indicate his preference, rather than giving him the power to veto.
Damn straight. As someone on another thread said, when some RINO (like McCain) dies, the press will eulogize the RINO for "reaching across the aisle". They never laud 'rat senators at the time of their passing for doing the same. Because they never do.
Doug Jones gets the free pass to put in a token vote for a conservative so that he can claim to have supported a Trump nominee in advance of his re-election bid next year.
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Vacancies in the Federal Judiciary
[Not reflecting this morning’s news]
116th Congress
Last updated on 05/08/2019
Total Vacancies:144
Total Nominees Pending:59
https://www.uscourts.gov/judges-judgeships/judicial-vacancies/current-judicial-vacancies
This table contains a listing of current judicial vacancies by court. The name of the incumbent, the reason for the vacancy, the vacancy date, the nominee (if applicable), and the nomination date.
“The Senate has institutionalized the reach-around.”
The Senate as presently organized should be shuttered. Giving Senators six-year terms in today’s world is a mistake.
Blue slips are a privilege based on tradition to be used honorably, not to block every judicial nominee.
the dems aren’t honorable people, they don’t deserve to have this privilege any longer.
Time to get rid of the filibuster too. Same reason.
So many multi year vacancies and many have no nominations. But when new Senate session started we needed renominations.
“Doug Jones gets the free pass to put in a token vote for a conservative so that he can claim to have supported a Trump nominee in advance of his re-election bid next year.”
Doug has an excellent chance of getting a full term unless Alabamians abandon that moron, Roy Moore who is “gearing up” for another run.
It’s compounded by the lack of term limits, which seem to be needed for the Executive branch, but not the Legislative. Isn’t it interesting how these people leave office with a whole lot more money than their salaries could possibly account for?
We must stop voting for Bush League Republican Senators who want to meet the Democrats halfway on destroying the country.
Excellent! Got another. Now to ram another through by the end of the week.
I’m especially comforted to know that neither of the socialists representing NY approved and that the vast majority of Democrats were opposed. That’s a good indication that he’s exactly the kind of judge we need on the Circuit Courts.
That could be, also it was a tradition that they didn’t abuse as a partisanship block that it has been being used as in the last number of years.
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