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.”
True! I cannot believe Roy Moore is so arrogant to think he should run again, especially at his age! He doesn’t have State wide support among the GOP!
no clue where you are getting those numbers from. I think you are counting senior status judges in there.
Yep, just checked again and that included the senior judges.
Simply undo the 17th Amendment... Why should people & money from State A affect or control the election of a senator from State B?
It's bad enough that senatorial elections are seemingly affected or controlled by migrant invaders from foreign countries like Mexico, NY, NJ, CT, MA, DE, NH, and CA...
Whoops! Meant to say "...from fecal-matter-hole foreign countries..."
Won't help. His candidacy is a dead man walking one.
Not if Roy Moore gets the nomination.
Moore has no chance this time around. He won’t even top 10% in the primary if he is stupid enough to run.
I wouldn’t characterize it that way... especially since we screwed up a layup last time. I’m still waiting for a no-doubter candidate to step up and ensure that Roy Moore can’t get through a primary.
I feel you bro. I am not feeling a lot of excitement over Tommy Tuberville. LOL
Noticed Bradley Byrne announced his candidacy, but he bears considerable scrutiny in my opinion.
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