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.”
Roy needs to ride off into the sunset.
“Isn’t it interesting how these people leave office with a whole lot more money than their salaries could possibly account for?”
That’s why Trump is such an excellent choice for President. He’s already rich, probably richer than he could ever hope to be as a political grifter, so he can never be bought
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.
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Oh no, he’s......CONTROVERSIAL!!!!!!!!!!!!!!!!!!!!!!
You’re correct, it has been abused.
Flipping the Third, Second and Ninth would be Bigly. I should know this but does anyone know the status of the DC Circuit. If we get that one to boot it is game over for the dems for quite sometime.
Absolutely agree. It drives the special interests crazier.
“Blue slips are a privilege based on tradition.”
Agreed. While the tradition might have been justifiable on the basis that home state politicians knew the candidates best, this is not true in this age of information overload and availability. Furthermore, in the case of circuit appellate courts, their jurisdiction covers several states (e.g., the Ninth covers, I think, nine states while this court covers New York, Vermont and Connecticut). Why should senators from just one state have veto power of candidates? Time to end the practice.
Good news!
I have relatives in Alabama so take this for what its worth. What I hear is that at this point Moore is thought of as a kook and joke more than a serious political threat. The GOP will get their act together down there and he will not be a factor. Jones is toast.
“Flipping the Third, Second and Ninth would be Bigly. I should know this but does anyone know the status of the DC Circuit.”
Yep, and of course the third circuit already flipped when Trump pick Paul Matey was confirmed. The 2nd and 9th are getting closer. Not sure about the DC circuit.
I am concerned about the snails pace on the appointment of District Judges. This should have been completed a year ago., Batch them up in one day and cram them through. We have 100 unfilled district court judgeship!! GET THEM FILLED!!
The Ninth was tied as of last count with three more Trump nominees set for a vote and out of committee. Tipping the Ninth would be an absolutely devastating blow to the left. Tipping the DC would be a cherry on top of the cake.
Oh, and there are two more 3rd Circuit nominees in the process. One I believe is out of committee.
They do tend to batch the district courts and vote them out. They did two batches last year right before the Kavanaugh debacle.
On another note, what does McConnell do if Ginsburg or another S.Ct. Judge retires during 2020?
On the one hand, I think it would be hard to sell nominating a replacement when the GOP relied on the Biden rule. On the other, it would be a great election issue to see the democrats trash a nominee given who that backfired on them last election.
There’s no reason to respect the will of bad faith actors.
Dems shouldn’t even get lunchroom privileges until they start acting like civilized human beings.
I just did a check on the DC circuit judges and came up with 9 R’s and 8 D’s not counting this judge confirmed today, don’t know if the list was accurate though.
I don’t know, if a vacancy comes up next year it’s gonna be a battle. If one should happen this year the Rats will undoubtedly holler but I think Mitch can push a new nominee through.
no chance on the DC circuit for a while. it currently stands at 7-4 democrat appointed with Merrick G as chief justice. no open vacancies and all 4 of Obamas appointees were born in the 1960’s.
However almost all of the senior justices on that circuit were Reagan appointees.
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