Democrats recently celebrated the 100th judicial confirmation of Joe Biden’s presidency and are clamoring for more
FILE - Sen. Dick Durbin, D-Ill., chairman of the Senate Judiciary Committee, leads a hearing about the rise in threats toward elected leaders and election workers, at the Capitol in Washington, Aug. 3, 2022. Democrats recently celebrated the 100th judicial confirmation of Joe Biden's presidency and are clamoring for more. To make it happen, some are flirting with ending a century-long Senate practice that a"blue slip" from a senator could make or break a nomination.
Republicans during Donald Trump's presidency determined the lack of a positive blue slip would not stop them from moving forward with considering appellate court nominees — and they did so 17 times. Democrats were livid, pointing out that Republicans blocked several of President Barack Obama's appellate nominees by declining to return a positive blue slip.
Besides, they argue, if Democrats don't do away with the blue slip now, Republicans will abolish it when they return to the majority. That's essentially because Biden has been filling judicial vacancies of predominately Democratic-appointed judges in blue states. Soon, it will get harder. There are about 40 district court vacancies that will require a blue slip from at least one Republican senator. Many of those vacancies don’t have a nominee yet, and Durbin is clearly sending a signal to GOP senators to work expeditiously with the White House on submitting prospective nominees.
So far, only one Biden nominee for a district court has had their nomination derailed because a senator withheld a blue slip, William Pocan, nominated to the Eastern District of Wisconsin. Republican Sen. Ron Johnson withheld his blue slip, saying he had heard concerns from the Green Bay legal community that they needed a judge locally based and active in their community.
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