Blue slip (U.S. Senate)
In the Senate, a blue slip is a slip on which the senators from the state of residence of a federal judicial nominee give an opinion on the nominee.
Overview
In the Senate, a blue slip is an opinion written by a senator from the state where a federal judicial nominee resides. Both senators from a nominee's state are sent a blue slip in which they may submit a favorable or unfavorable opinion of a nominee. They may also choose not to return a blue slip. The Senate Judiciary Committee takes blue slips into consideration when deciding whether or not to recommend that the Senate confirm a nominee.
History
A report issued by the Congressional Research Service in 2003 defines six periods in the use of the blue slip by the Senate:[2]
- 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. This originated when segregationist Senator James Eastland of Mississippi allowed nominations to be killed to prevent school integration.[3]
- 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.
Since 2003, blue slip policy has changed several more times, as follows:
- 2003 to 2007: 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.[2][4]
- 2007 to January 3, 2018: 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.[4]
- January 3, 2018, to present: The lack of two positive blue slips will not necessarily preclude a circuit-court nominee from receiving a hearing unless the White House failed to consult with home-state senators. Hearings are unlikely for district court nominees without two positive blue slips.[5][6]
In October 2017,
John Neely Kennedy's indecision on his blue slip. Kennedy, however, consented to Duncan receiving a hearing.[8][9]
In February 2019, attorney
Ninth Circuit, California
).
See also
References
- ^ Kratz, Jessie (2014-08-03). "The Origins of Senatorial Courtesy". Prologue: Pieces of History. US National Archives. Retrieved 2016-03-18.
- ^ a b Sollenberger, Mitchel A. "The History of the Blue Slip in the Senate Committee on the Judiciary, 1917-Present". Congressional Research Service. Retrieved 25 January 2021.
- ISSN 0362-4331. Retrieved 2023-02-07.
- ^ a b Rizzo, Salvador (21 February 2018). "Are Senate Republicans killing 'blue slip' for court nominees?". Retrieved 5 July 2018.
- ^ Grassley, Chuck (22 February 2018). "Chuck Grassley: Senate Democrats are trying to stall Trump's nominations by rewriting the history of 'blue slips'". Retrieved 5 July 2018.
- POLITICO. Retrieved February 18, 2021.
- ^ Rowland, Geoffrey (2017-10-11). "Senate battle heats up over 'blue slips,' Trump court picks". The Hill. Retrieved 2017-10-11.
- ^ Demirjian, Karoun (2017-11-17). "Sen. Chuck Grassley schedules a hearing for contentious Trump judicial nominees". The Washington Post. Retrieved 2017-11-17.
- ^ Stole, Bryn (2017-11-14). "Sen. John Kennedy keeping mum on nomination of conservative Kyle Duncan to 5th Circuit judgeship". The Advocate. Retrieved 2017-11-17.
- ^ "'Damaging precedent': Conservative federal judge installed without consent of home-state senators". The Washington Post. 2019.
External links
- "Judicial Nominations". U.S. Department of Justice. U.S. Department of Justice Office of Legal Policy.