Senate Dems want to nix the blue slip. Let them

AP Photo/Hans Pennink

Senate Democrats were reportedly “aghast” (at least according to the Associated Press) at the number of judicial appointments the Republicans were able to secure during Donald Trump’s presidency. They’ve been trying to make up some lost ground since Joe Biden was sworn in and have thus far confirmed 100 judges in the first two years. But in the hope of speeding up the process even further, they are now considering abandoning the practice of using “blue slips.” Those are the forms that the chairman of the Senate Judiciary Committee sends to the senators representing the home state of the nominee in question. If the slips are not returned with a positive endorsement, the nomination is typically abandoned. They can do this if they like, but it’s yet another case of needing to be careful what you wish for.

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Even as Democrats celebrated the 100th judicial confirmation of Joe Biden’s presidency, they are clamoring for more — and some are flirting with ending a century-long Senate practice to help make it happen.

The rising friction over what in Washington parlance is known as the “blue slip” is creating tensions on the Senate panel that handles judicial nominations and prompting stern warnings from Republicans about a dangerous escalation in the partisanship that already dominates the judicial confirmation process.

The clash over Senate procedure could have major ramifications for Biden as he seeks to fill as many court vacancies as possible during the final two years of his term.

There’s probably a gut instinct for conservatives to oppose any sort of machination that would allow Democrats to put leftist judges on the bench even more quickly, which is understandable. But for a variety of reasons, this may be one fight that the Senate Republicans should sit out and just let the Democrats kill the blue slip once and for all.

First of all, the blue slip is a courtesy that is rooted in tradition, not in the formal rules for Senate proceedings. And courtesy is something that’s been in short supply lately as the partisan divide inside the federal government has grown ever wider. Perhaps it’s time to just rip the bandage off and admit that the “cooling saucer” of the upper chamber is now a frog-boiling pot.

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Also, Senate Republicans would look fairly hypocritical (not that that bothers most politicians) if they opposed this move because the blue slip is already mostly dead. While Trump was in office and Mitch McConnell was blasting judicial nominations through at a record pace, the GOP opted to ignore the blue slip tradition seventeen times. (Basically, whenever it was inconvenient to them.)

This seems like a replay of the slow-motion dismantling of the filibuster that’s been taking place over the past few administrations. The Democrats did away with it partially and the Republicans dismantled it further until it was only in play for major legislative issues. I won’t be shocked if it disappears entirely before very long.

Of course, as with all things in Congress, the Democrats need to be aware of the likely consequences of their actions. What’s good for the goose remains good for the gander. If they formally do away with the blue slip entirely, the GOP isn’t going to bring it back when they next take the Senate majority just to be “the nice guys.” And the Democrats are defending a lot of seats in 2024 as compared to the Republicans.

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