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A project tracking federal judicial nominations and courts.

Editorials and Opinion


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These 638 Editorials by 301 newspaper editorial boards in all 50 states and DC represent well over 95 percent of the newspaper editorial board opinions revealed by comprehensive online research. Click State names on first page for Editorial Board links/excerpts for each State.

Editorial: Burr's obstinance may help Farr but doesn't further justice (Capitol Broadcasting Company [NC], 09/27/17)
"[T]he seat on the Eastern District of North Carolina judicial bench has been vacant for so long (11 years, the longest standing judicial vacancy EVER) .... There were some most able nominees, Jennifer May-Parker and Patricia Timmons-Goodson. But they were NEVER even considered by the U.S. Senate. Sen. Richard Burr, a Republican, refused to submit their names to the Senate Judiciary Committee for consideration. Burr refused even though he was among those who’d recommended then-President Barack Obama nominate May-Parker for the post. Had either May-Parker or Timmons-Goodson been confirmed by the Senate, they’d have been the first African-Americans to sit on the federal bench in the 44-county district were 27 percent of the population is black. The long vacancy has been a burden for the area. ... During his re-election campaign a year ago, Burr boasted about his obstructionist efforts. “I have the longest judicial vacancy in the history of the United States in the Eastern District of North Carolina,” Burr said, as he pledged to block Supreme Court nominations if Democrat Hillary Clinton were elected. Well, Clinton lost and Burr’s now proudly promoting President Donald Trump’s recycled nominee for the seat – white Republican Thomas Farr.... Burr blocked two very qualified African-American judicial candidates for years. But when Trump was elected, he heartedly backed a lawyer who has defended the most racially segregated legislative and congressional districts in the nation."

The Daily 202: Roy Moore’s victory and Bob Corker’s retirement are fresh indicators of a Senate that’s coming apart (Washington Post, 09/27/17)
James Hohmann: Now blue slips, one of the most cherished prerogatives of senators in the minority, are in grave danger. Gorsuch has demonstrated with his early decisions that he is likely to be the most conservative justice on the high court. The next Democratic president will almost certainly nominate someone who is as far to the left as Gorsuch is to the right. The judiciary will continue to become more politicized, and the country will continue its descent into tribalism.

The Unheralded Death of the Blue Slip: Republicans appear poised to break one of the Senate’s oldest, and finest, traditions. (Daily Beast, 09/26/17)
Eleanor Clift: This is particularly grating to Democrats who dutifully deferred to Republican home state senators when President Obama was in the White House. McConnell personally blocked Obama’s choice of Kentucky Supreme Court Justice Lisabeth Tabor Hughes because he wanted someone else. ... After benefiting enormously from the blue slip tradition, McConnell had a change of mind when Democratic senators from Minnesota and Oregon did not return their blue slips for two Trump picks for the Court of Appeals. ... The blue-slip tradition has been violated only three times, most recently in 1989 and 1983 when California Democrat Alan Cranston refused to return his blue slip when President Reagan and then President George H.W. Bush were in the White House. Before that, you have to go back to 1936 .... No judge has ever been confirmed over the objections of both home-state senators .... Former Judiciary chairman Patrick Leahy never once deviated from the blue slip tradition, and 18 Obama appointees never got hearings. All but one was a woman or a minority, part of Obama’s commitment to bring more diversity to the courts. Leahy took heat for that from fellow Democrats, and had to fend off then Senate leader Harry Reid, who wanted him to suspend the blue slips so Obama could get more judges. Leahy fiercely defends the blue slip as vital for the senate to advise and consent. He believes Grassley will honor his pledge, saying that in their 30-year relationship, Grassley has never broken his word.

Column: Trump, GOP take aim at courts (Detroit News [MI], 09/26/17)
Nan Aron: The party-line confirmation of John Bush to the Sixth Circuit Court of Appeals, ... demonstrates that the Republican majority cares little whom they confirm. Bush had written blog posts that routinely demeaned women and LGBTQ people, and recycled racist “birther” theories targeting President Obama. ... In Wisconsin, Trump ignored the state commission that has vetted federal judicial nominees for decades when he nominated an ally of Gov. Scott Walker for the Seventh Circuit. There’s talk of halting the century-old “blue slip” tradition allowing home-state senators to weigh in on nominations .... Larsen isn’t the only nominee with a controversial record: in Indiana, there’s professor Amy Coney Barrett ... Then there’s Damien Schiff, nominated for the U.S. Court of Federal Claims. Schiff attacked the integrity of U.S. Supreme Court justice Anthony Kennedy, calling him a “judicial prostitute.” The list goes on.

Seventh-Circuit Shakedown: Myra Selby Deserved Her Day in the Senate (Commonweal, 09/25/17)
Cathleen Kaveny: hen law professor Amy Coney Barrett was nominated to the U.S. Court of Appeals for the Seventh Circuit by Donald Trump, her friends and colleagues at the University of Notre Dame rallied to her cause.... Indiana Senator Joseph Donnelly ... sent in his “blue slip” authorizing the hearings to go forward.... But here’s the thing: Barrett was not the first candidate from Indiana for the vacant spot on the Seventh Circuit. In January 2016, President Barack Obama nominated Myra Selby .... Selby herself was a justice on the Indiana Supreme Court—in fact, she was the first woman and the first African American to hold that position. During her five years on the court, she wrote more than a hundred majority opinions.... Despite her qualifications, Selby, unlike Barrett, never made it to Washington for a Senate hearing. While Senator Donnelly sent in his blue slip, Dan Coats, the Republican senator at the time, flatly refused to do so.... What happened to Merrick Garland, Obama’s appointment to the U.S. Supreme Court, happened to Selby—as well as many other judicial nominees whose appointments were deliberately stalled by Republicans in Obama’s last year of office.... Yet not one of the many Notre Dame Law School faculty members who are members of the Federalist Society or active in Republican politics put the same type of pressure on Coats that McAward exerted on Donnelly.

9th Circuit Nominee Could Bolster Trump’s Immigration Policy (Courthouse News Service, 09/25/17)
Karina Brown: Instead of choosing a nominee from a list drafted by a bipartisan committee, Trump chose Bounds after Oregon’s lone Republican congressman, Rep. Greg Walden, recommended him .... Walden ... He also gave an impassioned speech on the floor of the House defending Ammon Bundy and his followers during the armed standoff at the Malheur National Wildlife Refuge. In a letter to President Trump, Walden called Bounds “the rare Oregonian with a sincere commitment to conservative jurisprudence and a distinguished academic record [who would] approach each case as an opportunity to defend our constitutional principles.” In addition to his membership in the Federalist Society, Bounds has connections that may have helped position him for this appointment. His first job out of law school was as clerk for O’Scannlain, and his sister Lorissa is Walden’s chief of staff. Sources who spoke on condition of anonymity called Bounds “incisive” and “aggressive,” and said they had no doubt that he would be a “powerful advocate” for a variety of conservative causes. One prominent public defender told Courthouse News that ... “He’s the kind of wealthy guy that affects an accent, like Thurston Howell from ‘Gilligan’s Island,’”

Sounding off: BLUE SLIPS AND BIPARTISANSHIP (Pittsburgh Tribune-Review [PA] , 09/23/17)
Letter to the Editor by Glenn Sugameli, founder and head since 2001 of Judging the Environment , a nonpartisan federal judicial nominations project: All Senate Republicans supported blue slips in a 2009 letter, as did a 2015 Des Moines Register op-ed and a 2016 post-election statement from Chairman Chuck Grassley, R-Iowa. Sen. Patrick Leahy, D-Vt., said Grassley “told me he was going to follow the same procedures as chairman” and “has never broken his word to me” over three decades. In a 2014 op-ed titled “Protect the Senate's important ‘advice and consent' role,” Sen. Orrin Hatch, R-Utah, stressed that “The blue slip process ... has greatly enhanced consultation and cooperation between home state senators and the White House. ... Weakening or eliminating the blue slip process would sweep aside the last remaining check on the president's judicial appointment power. Anyone serious about the Senate's constitutional ‘advice and consent' role knows how disastrous such a move would be … ultimately produc(ing) a more politicized federal judiciary.”

GOP seeks judges who will stifle voting rights (News & Observer [NC], 09/22/17)
Billy Corriher: With the courts blocking their voter-suppression agenda, conservative politicians in Washington and Raleigh alike are pushing to get their preferred judges on North Carolina’s courts. President Trump, in fact, has nominated Thomas Farr, the lawyer who unsuccessfully defended the 2013 voting law and the 2011 redistricting maps, to a lifetime seat as a federal judge.... Farr has been nominated to fill the longest-running vacancy on the federal courts. Sen. Richard Burr refused to sign off on President Obama’s two nominees, including a judge he actually recommended to the president. President Obama nominated two African-American women to the seat, in a district that has never had a black judge even though one-fourth of its residents are black.

Letter: Inundated with TV ads (Chaska Herald [MN], 09/22/17)
Steven Sasnow: We are being inundated with TV ads pro-David Stras for U.S. Court of Appeals judge. These ads demonstrate exactly why Stras is unsuitable for the position.... hese are attack ads against Al Franken using innuendo and unsubstantiated claims.

Nancy Lyons: Hold the line on Stras nomination, senators (St. Paul Pioneer Press [MN], 09/21/17)
"[H]ome-state senators can still have a say. Specifically, if one or both of them has serious enough concerns, they can refuse to return a “blue slip” for the nominee, which by tradition can prevent the nominee from moving forward, and demand a more suitable nominee. That is a unique privilege and power that can prevent decades of damage to the federal judiciary and the rights of Americans for generations. Recently, our senators have found themselves in this situation. One of our state’s Supreme Court justices, David Stras, has been nominated to the Eighth Circuit Court of Appeals, which serves Minnesota and six other states. Sen. Franken led the way this month by announcing that he opposed Stras’ nomination. Sen. Franken knows that we did not send him to Washington to rubber-stamp the president’s agenda. Rather, he knows that we expect him to look out for us, and to use every tool available to him to protect Minnesotans from harm. And by refusing to return his blue slip on this nomination, he has done just that.... Justice Stras has routinely made decisions based on ideology rather than the law."

Commentary: Opposition grows as Trump seeks to make federal judge out of NC voter suppression champion (Progressive Pulse [NC], 09/21/17)
Rob Schofield: As reported in this space last week, the chorus of opposition to President Trump’s absurd nomination of one of North Carolina’s most notorious far right attorneys to a lifetime appointment as a federal judge continues to grow. This is from a letter issued yesterday by the North Carolina NAACP ... The letter goes on to detail numerous instances in which Farr has dedicated much of his professional career to the disenfranchisement of African American voters

While You Weren’t Looking, the Senate Has Been Rubber-Stamping Trump’s Extreme Judicial Picks: Senate Judiciary committee chair Charles Grassley has abandoned Senate custom to push through Trump’s extreme nominees. The worst may be yet to come. (Daily Beast, 09/21/17)
Jay Michaelson: Contrary to rumors about a rift between Trump and Senate Republicans, every nominee thus far has won the party’s unanimous support. ... Sen. Charles Grassley, the chairman of the Senate Judiciary Committee who chose not to give a hearing to Judge Merrick Garland or 59 other Obama nominees, has again departed from decades of Senate practice to expedite the hearing process for circuit court appointees. First, Grassley has stacked multiple nominees together into a single hearing, making it extremely difficult to properly vet and question any of them.... nominees had been “stacked” previously only when the minority party agreed to do so. ... But Grassley’s most audacious move may be yet to come. Rumors have circulated that he is considering doing away with so-called blue slips, the customary requirement that senators from a nominee’s home state both agree to the nomination. Like most rules of the Senate, blue slips are only a custom—but it is a custom that dates back over a century and is an important part of the system of checks and balances.... Majority Leader Mitch McConnell and Attorney General Jeff Sessions withheld blue slips frequently during the Obama years to block judicial nominees they didn’t like ... the nominees Grassley is rushing through the Senate were chosen by Trump’s outsourced ideologues at the Federalist Society and Heritage Foundation ... a nominee who called Justice Anthony Kennedy a “prostitute.” These aren’t conservatives—they’re wing nuts.... Finally, these ideologues’ motives are entirely explicit. Leonard Leo, Trump’s adviser on the judiciary who is managing the think-tank-to-court pipeline, said in May that “I would love to see the courts unrecognizable.”

Judicial candidates should be less partisan and more representative (MinnPost [MN], 09/21/17)
Joan Growe, former Minnesota secretary of state: the controversy over the nomination of Justice David Stras to serve on the Eighth U.S. Circuit Court of Appeals matters so much. ... Indeed, in their rush to pack our courts with activist conservative judges, President Donald Trump and congressional Republicans have cast aside long-held procedures that were designed to protect the impartiality of the federal bench, including the “blue slip” process that allows home-state senators participate in selecting judges who best represent their states’ citizens. This dangerous trend is part of the reason why, like former Vice President Walter Mondale and many others, I applaud Sen. Al Franken for taking a stand against inappropriate politicization of the judiciary by opposing Justice Stras’ nomination. But that is only part of the story. The Trump administration’s continuing refusal to consult with home-state senators before nominating judges threatens to make our courts not just more partisan, but less representative.... It took more than 100 years before a woman, District Court Judge Diana Murphy, was named to sit on the Eighth Circuit Court of Appeals. Judge Murphy would remain the only woman on the court for nearly two decades, and with her move to senior status this year, the 11-judge panel will again be left with only a single female jurist in active status. ... three times since he took office, President Trump has had an opportunity to nominate one of these women to the Eighth Circuit, and three times, he has chosen not to do so.... This is part of a pattern. For example, Trump has nominated 42 people to serve as U.S. attorneys for districts across the country, only one of whom is a woman."

Voluntary Integration Decisions Take Center Stage in Debate over Eighth Circuit Judicial Nomination (Education Law Prof Blog, 09/20/17)
Derek Black: five votes support every position that Justice Kennedy took and no more than four votes support any other position on any other issue. In short, there is no way to get around the fact that is opinion represents the holding of the court. All three Courts of Appeals that have taken up the issue, along with U.S. Departments of Education and Justice, agree that Justice Kennedy’s opinion is controlling. This uniform judgment, particularly on a case of such importance, is what makes David Stras’ prior essay on Parents Involved curious. He wrote “many in the media and blogosphere are putting way too much emphasis on Justice Kennedy’s separate opinion in these cases.” ... Stras’ perspective is curious because it overlooks key details in the Court’s opinions and does so with a skepticism of school integration. His point appears to be to minimize the importance of Kennedy’s crucial decision, rather than accept its’ import: racial diversity and integration are compelling interests and states are free to pursue them under a number of different circumstances. Kennedy’s own words negate Stras’ argument that there is not much distance between the plurality opinion and Kennedy’s.... Stras acknowledges that Justice Kennedy’s opinion is controlling in most respects, but that only leads Stras to his third point that following Justice Kennedy’s in all respects is dangerous.... It is hard to say what drove Stras’ essay, but if it is the latter, those who are generally committed to civil rights are understandably wary of his nomination.

Letter: Nominate Ong for Southern District of Indiana again (Indiana Lawyer, 09/20/17)
Carl Tobias: In February 2016, President Barack Obama nominated Winfield Ong, who has served as an assistant U.S. attorney in the Southern District of Indiana for more than 20 years, to a vacancy on the Southern District. Ong is a highly qualified, moderate nominee, whom Indiana Sens. Dan Coats (R) and Joe Donnelly (D) powerfully supported. In June 2016, the Senate Judiciary Committee approved Ong without dissent. Nevertheless, he languished on the floor until his nomination expired, mainly because Republicans refused to permit his confirmation debate and vote. Because Ong is a strong, mainstream nominee and the Southern District of Indiana needs this opening filled, President Donald Trump must renominate — and the Senate should confirm — him.... Sen. Todd Young (R) and Sen. Donnelly should urge President Trump to promptly nominate Ong again, just as he recently renominated five other experienced, moderate Obama nominees who had previously earned committee approval as Ong did.

Respect Prerogative of Home-State Senators: President Obama nominated Justice Hughes. Sens. McConnell and Paul did not return their blue slips, and Justice Hughes never received a hearing. (Wall Street Journal, 09/19/17)
Sen. Dianne Feinstein, Ranking Member, Senate Judiciary Committee, Letter to the Editor: The editorial board completely discounts the history of the blue slip, which requires both home-state senators to sign off on judicial nominees from their state ("The Al Franken Standard," Sept. 13). Here are the facts: In 2016 alone, President Obama's nominations of Judge Abdul Kallon for the 11th Circuit, Justice Myra Selby for the Seventh Circuit, Rebecca Haywood for the Third Circuit and Justice Lisabeth Tabor Hughes for the Sixth Circuit did not move forward because they didn't receive two blue slips. Trump nominees have been confirmed to two of these vacancies, and nominees for the two other vacancies are pending. Consider the specifics of the Sixth Circuit vacancy in Kentucky: In March 2016, after the vacancy had been open for almost 1,000 days, President Obama nominated Justice Hughes. Sens. Mitch McConnell and Rand Paul did not return their blue slips, and Justice Hughes never received a hearing. Their prerogative as home-state senators was honored, and the prerogative of home-state senators should continue to be honored. The editorial board was silent when these highly qualified nominees were blocked ....

Blue slips & bipartisanship (Pittsburgh Tribune-Review [PA] , 09/18/17)
Glenn Sugameli, founder and head since 2001 of Judging the Environment (, a nonpartisan federal judicial nominations project, Letter to the Editor: Current and former Republican and Democrat Senate Judiciary Committee chairmen explained the bipartisanship embodied in the home-state-senator blue-slip requirement for judicial nominees. This is why, as the editorial “Senate's blue-slip bounce: End this tradition” quoted me, “no circuit court nominees have been confirmed over the [blue slip] objection of one (or two) home state senators.” All Senate Republicans supported blue slips in a 2009 letter, as did a 2015 Des Moines Register op-ed and a 2016 post-election statement from Chairman Chuck Grassley, R-Iowa. Sen. Patrick Leahy, D-Vt., said Grassley “told me he was going to follow the same procedures as chairman” and “has never broken his word to me” over three decades. In a 2014 op-ed titled “Protect the Senate's important ‘advice and consent' role,” Sen. Orrin Hatch, R-Utah, stressed that “The blue slip process ... has greatly enhanced consultation and cooperation between home state senators and the White House. ... Weakening or eliminating the blue slip process would sweep aside the last remaining check on the president's judicial appointment power. Anyone serious about the Senate's constitutional ‘advice and consent' role knows how disastrous such a move would be … ultimately produc(ing) a more politicized federal judiciary.”

EDITORIAL: U.S. Circuit Court seat should go to New Mexican (Las Cruces Sun-News [NM], 09/17/17)
"We believe the person replacing one of the three New Mexico judges on the federal 10th Circuit Court of Appeals should be a New Mexican. That would appear to rule out one of the five candidates who are being considered to replace Paul Kelly Jr. of Santa Fe. William Levi is not a New Mexican. ... Sen. Tom Udall, D-NM, has written a letter to White House Counsel Donald McGahn II stressing the importance of a New Mexico background for the position. “To gain my support, the president’s nominee must be a native New Mexican with a deep understanding of the legal issues that arise in the state, such as water rights, Indian law and public lands,” Udall wrote. We agree.... Whoever is selected could potentially serve for decades. That person needs to understand not only the law, but also our state."

EDITORIAL: Our view: Bounds and determined (East Oregonian, 09/15/17)
"In a letter to White House Counsel Don McGahn on Sept. 7, Merkley and Wyden wrote “unfortunately it is now apparent that you never intended to allow our longstanding process to play out. Instead, you have demonstrated that you were only interested in our input if we were willing to preapprove your preferred nominees ... disregarding this Oregon tradition returns us to the days of nepotism and patronage that harmed our courts and placed unfit judges on the bench.” The reason home-state senators have blue-slip power is so they can easily scuttle extremist choices, and force those who nominate judges to choose candidates that garner bipartisan support. Recently, however, the blue slips are being used in a hyper-partisan manner. That was the case when Republicans stopped Democratic nominees while Obama held office — and the tables have turned now. Democrats, despite Republican obstructionism, kept the rule in place. Republicans now want to narrow the rule, so their appointments (especially of circuit court judges) are harder to derail. It’s the same type of rule that allowed Republicans to stop Merrick Garland from having a hearing for a seat on the Supreme Court, which the GOP sidestepped to instead confirm Neil Gorsuch.... The push is toward even more extreme, politicized judges. Either side changes the rules at their own peril — no majority lasts forever and what may be to your short-term benefit could be to your (and the nation’s) long-term detriment.... Let Bounds be judged by a customary bipartisan nominating committee, have his résumé and judicial decision making tested and analyzed."

Editorial: A Hypocritical Battle Over Blue Slips (New York Times, 09/15/17)
"Now that Republicans control both the White House and Congress, top party officials, including Mitch McConnell, the Senate majority leader, are itching to eliminate the last remaining tool the minority party has to influence a president’s picks for the federal courts — the so-called blue slip. This longtime but informal Senate practice allows a senator to block the nomination of a judge from his or her home state by refusing to sign off on a blue-colored form. The idea was to give senators, who are presumed to be more familiar with the lawyers and judges in their own states, a meaningful say in the choosing of those judges. It also works as an incentive for moderation in staffing the federal judiciary, which, as the only unelected branch of government, depends on the public trust for its legitimacy.... Back in 2009, Mr. McConnell and the entire Republican Senate caucus — then in the minority — implored President Barack Obama to honor all blue slips. The appointment of federal judges is a “shared constitutional responsibility,” the Republicans said, warning Mr. Obama that “if we are not consulted on, and approve of, a nominee from our states,” the senators intended to prevent that nominee from getting a hearing. They expected the blue-slip policy “to be observed, even-handedly and regardless of party affiliation.” Lucky for them, it was. Senator Patrick Leahy, the veteran Vermont Democrat and chairman of the Judiciary Committee at the time, applied the policy without exception, meaning that a single withheld blue slip would torpedo a judicial nomination. Republican senators exploited their blue slips with abandon, and with little or no explanation. One senator blocked a nominee because she had once said the Constitution did not protect an individual right to bear arms — an accurate description of the uncertainty about the law at the time. Other senators blocked nominees they had previously approved for other courts, or even recommended to the White House themselves. In all, 18 of Mr. Obama’s judicial nominees were scuttled, including six to the Courts of Appeals. That’s not counting dozens more vacancies that languished for years without a nominee because senators made it clear they would object to anyone.... President Trump now has 144 vacancies to fill on the federal bench, many as a direct result of Republican intransigence during the Obama era.... Unlike their Republican counterparts, however, these Democrats provided a clear explanation for their opposition: The White House, they said, made no meaningful effort to consult with them before making nominations. Mr. Wyden and Mr. Merkley said Mr. Trump had completely bypassed Oregon’s well-established bipartisan selection committee. These are fair complaints. The Constitution gives the president the power to choose federal judges, but only with the “advice and consent” of the Senate.

Meet the Republican-Appointed State Supreme Court Justice Blocked by Blue Slips (Huffington Post, 09/15/17)
Christopher Kang, Former Deputy Counsel to President Obama: Meet Justice Lisabeth Hughes. Senator McConnell blocked her nomination to the U.S. Court of Appeals for the Sixth Circuit. By refusing to return his blue slip.... Senator McConnell was willing to—in his own description this week as he opposed blue slips—“blackball” one of his state’s Supreme Court Justices, twice-appointed by a governor of his own party.... for nearly two years, Justice Hughes waited in limbo, as the Obama White House consulted with Senator McConnell, trying to gain his approval. Finally, on March 17, 2016, President Obama pressed forward and nominated Justice Hughes .... remind those who disagree with Senator Franken’s substantive reasons for opposing Justice Stras’ nomination that Senator McConnell didn’t bother giving any substantive reason at all.... By any understanding of the precedents and standards of how blue slips have been used—including by Senator McConnell with respect to Justice Hughes—Senator Franken’s application has been more than fair.

Blue Slip Blues: 5 Corrections to the Ongoing Debate: The Senate Judiciary Committee is seeing a renewed debate around ‘blue slips,’ which give Senators input on judicial nominees from their states. (Brennan Center for Justice at NYU School of Law, 09/15/17)
Laila Robbins: the current policy is the same blue slip policy Chairman Leahy maintained during both the Obama and Bush presidencies....Republicans are calling for Democrats to move nominees through the Judiciary Committee significantly faster than they did under Obama.... Consultation with home state senators prior to submitting a nomination has remained a central tenet of blue slip policy.... Democratic Senators are withholding blue slips because they say the White House did not consult with them before submitting nominations. Republican Senators used this same argument to justify withholding blue slips under Obama. ... History reveals the blue slip need not be motivated by partisan gamesmanship, but current Chairman Grassley (R–IA) may deviate from his predecessors and politicize the blue slip.

No Such Thing as Exceptions to the Blue Slip Rule (People For blog, 09/14/17)
Paul Gordon: In their effort to stack our nation’s federal courts with as many far-right ideologues as possible, Republicans have been threatening to do away with the blue slip policy. Conservatives are outraged that Democratic senators dare to exercise a right they have long had, and which Republican senators routinely exercised during the eight years Barack Obama was president. ... When a policy is absolute (as the blue slip policy has been under both Grassley and his Democratic predecessor Patrick Leahy), then making exceptions, even infrequently, is by definition eliminating the policy. ... 1. Republican refusals to agree to hearings by submitting blue slips have been respected 100% of the time—regardless of the reason or lack thereof, regardless of the nominee, regardless of the party of the president or chairman, and regardless of the need to fill the vacancy as soon as possible; and Republicans are demanding that Democrats submit blue slips much earlier for Trump nominees than was the case for Obama nominees.... if he holds a hearing for any nominee without blue slips from both home state senators, all other senators will be on notice. He will have stripped each one of a major prerogative

Mondale defends Franken role in blocking judge (Minnesota Public Radio, 09/14/17)
Bob Collins: Former Vice President Walter Mondale knows the law. He also knows the Senate. And he’s firmly on the side of Sen. Al Franken in opposition to Minnesota Supreme Court Justice David Stras’ appointment to the Eighth Circuit U.S. Court of Appeals.

National fair courts group: Trump nominee for NC federal vacancy should be rejected (Progressive Pulse [NC], 09/14/17)
Commentary by Rob Schofield: The good government watchdogs at the nonpartisan Alliance for Justice are out with a damning assessment of President Trump’s nominee for the long vacant federal District Court seat in North Carolina’s Eastern District. The 13 page report offers a detailed and disturbing look at the career of Thomas Farr and his far right views.

Senator Franken’s Courage (Huffington Post, 09/14/17)
Nan Aron: Sen. Al Franken of Minnesota did a simple, reasonable thing, that in the context of the current cravenly-led Senate stands as a monumental act of courage: he announced he would not return his “blue slip” on the nomination of David Stras to the Eighth Circuit Court of Appeals.... And there is plenty of justification to oppose Stras.

Nomination to 9th Circuit Court circumvents judicial selection process (Statesman Journal [OR], 09/14/17)
Mick Harris, Letter to the Editor: Last Thursday, Oregon’s U.S. Senators Jeff Merkley and Ron Wyden vowed to block the nomination of Assistant U.S. Attorney Ryan Bounds to the 9th Circuit Court of Appeals as he was not vetted through Oregon’s traditional, bipartisan judicial selection committee. I applaud them for recognizing the importance of careful judicial selection and objecting to a questionable, externally-imposed process.... One significant concern is Bounds' nomination at the suggestion of Congressman Greg Walden, whose chief of staff is Bounds’ sister. This underscores the need for a transparent merit process. Some may argue that our senators are engaging in partisan sparring. But that is belied by their recommendation of Republican-appointed U.S. District Court Judge Marco Hernandez as Judge Hernandez has been properly vetted by the Oregon merit selection process.

Republicans are close to scrapping a Senate tradition in order to help Trump pack the courts (The Week, 09/14/17)
Peter Weber: During former President Barack Obama's eight years in office, Grassley and Sen. Patrick Leahy (D-Vt.) strictly honored the blue-slip requests, and Republicans took full advantage, leaving Trump a record number of federal judicial vacancies — 144, including 21 appellate judges and 115 district-level judges. Democrats got rid of the filibuster for appellate and district judges, so the blue slip objections are the only real lever Democrats have left.

10 Things You Need To Know About Blue Slips: Republicans repeatedly used the tradition to block President Obama’s judicial nominees. (Huffington Post, 09/13/17)
Christopher Kang, Former Deputy Counsel to President Obama: Both home-state senators receive a blue slip, and each senator must return a positive blue slip for a judicial nominee to be confirmed — with only three exceptions in 100 years, the most recent in 1989.... overriding negative blue slips would diminish every senator’s influence over his or her home-state’s judicial nominees.... A judge has never been confirmed over the objections of both home-state senators.... Objections by Republican home-state senators have always been respected.... During the Obama administration, Republicans blocked 18 judicial nominees through blue slips.... he Judiciary Committee—under both Chairmen Leahy and Grassley—made zero blue slip exceptions during the Obama administration....When Republicans blocked nominees by withholding their blue slips, they often refused to examine or discuss a nominee’s record and based their objections solely on process — despite a record that suggests months or even years of consultation.... When Republicans returned their blue slips, it could take many months — or even years — to do so, undermining Republican whining now that Democrats are taking a few months to review nominees’ records.... There is no Democratic abuse of the blue slips, as Democrats already have returned blue slips on four circuit court nominees — including two on President Trump’s Supreme Court short-list.... We must uphold the Grassley-Leahy-Hatch blue slip standard.... According to Senator Leahy, “[Chairman Grassley] told me he was going to follow the same procedures as chairman. And I take him at his word…I’ve known him for over 30 years. He’s never broken his word to me.” Instead, Senate Republicans should heed the words of Senator Hatch — who also is the longest serving Republican senator: “I sincerely hope that the majority will not continue to sacrifice the good of the Senate and the good of the country simply to serve short-term political interests. I’m glad Chairman Leahy has preserved the blue slip process. It should stay that way.”