Eric Miller's confirmation to the 9th Circuit Court is the first time the White House wholly ignored input of home-state senators.
Eric D. Miller, nominated to be U.S. circuit judge for the Ninth Circuit, attends a judicial nomination hearing held by the Senate Judiciary Committee, Oct. 24, 2018 in Washington, D.C.
Miller was confirmed on Tuesday on a 53-46 vote, allowing Trump to continue to move toward a more conservative federal judiciary, one of his key campaign promises.Historically, senators from the state where a federal judiciary nominee lives may submit opinions, known as “blue slips,” or choose not to return them.
In July, Oregonian Ryan Bound’s nomination to the 9th Circuit proved equally controversial. Neither of his home-state senators, Ron Wyden and Jeff Merkley, both Democrats, returned a slip in support of the Oregon assistant United States attorney. Under President Barack Obama, Republicans used the blue slip prerogative to veto nominees. But a Republican-controlled Senate and changes in congressional rules, which now allow a simple majority for confirmation of judges instead of the 60 votes required earlier, have enabled Trump to push through nominees.
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