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.
A Senate blue slip from 1917 for U.V. Whipple, a candidate for district judge for the southern district of Georgia, signed by Georgia Senator Thomas Hardwick, who wrote that "I object to this appointment—[Whipple] is personally offensive and objectionable to me, and I can not consent to the confirmation of the nominee."[1]
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.
Historyedit
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, Senate Majority LeaderMitch McConnell announced that he believed blue slips should not prevent committee action on a nominee.[7] In November 2017, the Chairman of the Senate Judiciary Committee, Chuck Grassley, announced that the committee would hold hearings for David Stras and Kyle Duncan. Stras's hearing was held up by Senator Al Franken's refusal to return his blue slip, while Duncan's hearing was held up by Senator John Neely Kennedy's indecision on his blue slip. Kennedy, however, consented to Duncan receiving a hearing.[8][9]
^Kratz, Jessie (2014-08-03). "The Origins of Senatorial Courtesy". Prologue: Pieces of History. US National Archives. Retrieved 2016-03-18.
^ abSollenberger, Mitchel A. "The History of the Blue Slip in the Senate Committee on the Judiciary, 1917-Present". Congressional Research Service. Retrieved 25 January 2021.
^The Editorial Board (2023-02-06). "Opinion | How to Stop a Senator From Blocking a Federal Judge". The New York Times. ISSN 0362-4331. Retrieved 2023-02-07.
^ abRizzo, 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.
^LeVine, Marianne (February 17, 2021). "Senate Dems take a page from GOP in judicial nominee battles". 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 linksedit
"Judicial Nominations". U.S. Department of Justice. U.S. Department of Justice Office of Legal Policy.
April 11, 2024
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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 A Senate blue slip from 1917 for U V Whipple a candidate for district judge for the southern district of Georgia signed by Georgia Senator Thomas Hardwick who wrote that I object to this appointment Whipple is personally offensive and objectionable to me and I can not consent to the confirmation of the nominee 1 Contents 1 Overview 2 History 3 See also 4 References 5 External linksOverview editIn 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 editA 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 Senate Majority Leader Mitch McConnell announced that he believed blue slips should not prevent committee action on a nominee 7 In November 2017 the Chairman of the Senate Judiciary Committee Chuck Grassley announced that the committee would hold hearings for David Stras and Kyle Duncan Stras s hearing was held up by Senator Al Franken s refusal to return his blue slip while Duncan s hearing was held up by Senator John Neely Kennedy s indecision on his blue slip Kennedy however consented to Duncan receiving a hearing 8 9 In February 2019 attorney Eric Miller was confirmed to serve on the Ninth Circuit Court of Appeals despite the fact that neither of his two home state senators Patty Murray and Maria Cantwell both of Washington had returned blue slips for him 10 He was the first federal judicial nominee to be confirmed without support from either of his home state senators although other nominees were similarly confirmed to the Courts of Appeals without blue slips later in 2019 including Paul Matey Third Circuit New Jersey Joseph F Bianco and Michael H Park both Second Circuit New York and Kenneth K Lee Daniel P Collins and Daniel Bress all Ninth Circuit California See also editSenatorial courtesy Senate holdReferences edit 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 The Editorial Board 2023 02 06 Opinion How to Stop a Senator From Blocking a Federal Judge The New York Times 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 LeVine Marianne February 17 2021 Senate Dems take a page from GOP in judicial nominee battles 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 edit Judicial Nominations U S Department of Justice U S Department of Justice Office of Legal Policy Retrieved from https en wikipedia org w index php title Blue slip U S Senate amp oldid 1185874924, wikipedia, wiki, book, books, library,
