No matter what Graham thinks or says, the “blue slip” is not a deciding factor in the nomination of a circuit judge. It is an opinion by the senate officers of that state, that’s all. Graham can continue the confirmation process without their yea or nay, but chooses to wait until the signoff, either yea or nay, by Schumer and Gillibrand. It is the process the senate has used for over a century.
From the article:
“Sen. Lindsey Graham said Saturday he will not take up President Trump’s nomination for a new U.S. attorney for Manhattan unless New York’s Democratic senators sign off.”
So, if he is just proceeding with the process to get it done, that’s one thing. He didn’t say he would disqualify or refuse to proceed if they said nay, just that they had to sign off on the blue sheet yea or nay before he would proceed. Now, if they say nay, and he does not proceed for that reason, then he’s wrong as their votes do not constitute a 1/3 plus size of the senate vote and that’s from Article 2 of the Constitution.
There have been three judges in history that were confirmed over the objections of a home-state senator:
1989: Judge Vaughn Walker, nominated by President George H.W. Bush, was confirmed to the U.S. District Court for the Northern District of California over the objection of Democratic Senator Alan Cranston.
1983: Judge John Vukasin, nominated by President Reagan, was confirmed to the U.S. District Court for the Northern District of California over the objection of Democratic Senator Alan Cranston.
1936: Judge Edwin Holmes, nominated by President Roosevelt, was confirmed to the U.S. Court of Appeals for the Fifth Circuit over the objection of Democratic Senator Theodore Bilbo.
So the process has to continue no matter what they send in on the blue slip, yea or nay. If it doesn’t, Graham can be in real trouble cause what happens if they are the only two that say nay? Two senators are going to hold up the entire rest of the senate? I don’t think so. This article is dirt, not truth. And I’m really disappointed that Fox is misleading people this way without evidence. I expect the liberal media to use, and have used, this type of trash. Shame on you FOX.
rwood
Sen. Grassley ignored the blue-slip courtesy when he was Judiciary chair. Sen. Grassley will return to Judiciary chair, assuming GOP keeps Senate control next Congress.