Blue Slips and the Judiciary Committee

The recent abuses of the "Blue Slips in Moonah" process by the Senate Judiciary Committee are troubling. Republicans have frequently used these "no-fault" forms to disqualify nominees, but Democrats have argued that these methods have been abused too. In this piece, we look at two recent examples. The first was when Sen. Kennedy refused to submit a nominee's blue slip to his committee. This was a clear sign that the Democrats were trying to undermine the process of confirming judges.

The second was when Shelby blocked the nominations of three nominees for district court. Senators Shelby, McConnell, and John Cornyn consulted the Obama White House when they blocked the nominations. Finally, they sought the input of the Obama White House and other Republican senators before blocking the nominees. Finally, they consulted Republican senators Ted Cruz and John Cornyn, and the conservative Senator Pat Roberts. The Senate resisted the nominees and blocked them, which shows how far the Democrats have fallen behind.

While the Judiciary Committee considered nominees until 1917, the failure of a senator to submit a blue slip for a nomination was treated as a veto. However, the policy changed after the Democratic Party took control of the committee in 1979. If the nominee did not submit two positive blue slips, Eastland would stop the process. But today, it is unlikely that a Senate will halt the confirmation process altogether.

The chairman's blue-slip policy prevented the nomination of nominees from moving forward without the consent of the home-state Senators. From mid-1989 to June 5, 2001, a single Senator could halt all committee action on a nominee. But as of now, both home-state Senators must return positive blue slips before the committee will move forward. If one Senator returns a negative blue slip, the committee will not move on the nominee.

The "blue slip" is a piece of paper that serves two important purposes: to consult the senators' home states on judicial nominees and to confirm or deny the nominee. The blue slip is often used by the Senate Judiciary Committee to stall racial justice progress. In the wake of the landmark Brown v. Board of Education, segregationists developed Blue Slips as a method of preventing pro-civil rights judges from being confirmed.

To obtain a Blue Slip, an instructor must first submit an application to the records office. The Blue Slip must be signed by the instructor before it expires. If the Blue Slip is not used before the third day of a quarter, it must be withdrawn. A student must present this signed Blue Slip to the Records Office. The Blue Slip expires three (3) business days after it is signed. This process is also known as "restrictive registration".

Although the blue slip process is a valuable tool in the protection of the Senate minority, it must be preserved as a precedent. A robust slip practice will supply protection for minority senators and ensure the participation of home state politicians in the selection process. This protection is even more important in light of the recent evisceration of filibuster rights for all nominees. If these steps are not taken, the Senate will be in a position to prevent the nominee from being confirmed.

The "blue slip" is an extension of senatorial courtesy. While the blue slip does not have a formal rule, it has a long history and can help protect constitutionalist judges who may not be confirmed. Whether a nominee is confirmed or not depends on the Senators' blue slips. The blue slips are a crucial part of the confirmation process, and the president can do little about it without a blue slip.

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