Senate Judiciary Chairman Dick Durbin, D-Ill., has shown a willingness to discuss bringing back the practice of allowing home state senators to reject judicial nominees they disagree with, a courtesy known as “blue slips.” This change in attitude is being driven by the potential of former President Trump being reelected in November. Durbin’s comments came during a recent Judiciary Committee mark-up in response to Republican frustrations over their inability to prevent certain circuit court judicial nominees in their state from moving forward due to the lack of consideration for blue slips. This informal tool was routinely honored by the committee chairman for decades before it ceased to be offered in 2017.
As the blue slip discussion is brought to the forefront, Democrats have raised concerns about the fate of judicial nominations under another potential Trump term. Some critics have accused Democrats of preparing for a loss of majority in the White House and Senate. Former chief counsel for nominations Mike Davis and Republican strategist Ron Bonjean have both suggested that Democrats are creating an “insurance policy” against such a scenario. Durbin has not provided any direct comment to Fox News Digital regarding these assertions.
Current Judiciary Committee Ranking Member Lindsey Graham has led the charge among Republican senators to investigate the reasons behind the reluctance to honor blue slips, pointing to actions taken by former Democratic leader Sen. Harry Reid as a possible starting point for the breakdown of this norm. However, Sen. Sheldon Whitehouse from the Democratic party has disagreed, asserting that the blue slip issue is distinct from the filibuster situation. Additionally, Republican concerns have been raised about the sidelining of significant concerns aired by home state senators during the nomination process, as the process has become more centralized.
Democrats want to reinstate the blue slip process in order to exercise more control over judicial nominations, particularly those for circuit court nominees. Some Republicans, like Sen. Thom Tillis, have called on their colleagues to support bringing the rule back, emphasizing the need to address the erosion of Senate norms that has occurred over the years. The possibility of the blue slip’s return is uncertain, with experts like political science professor Ryan Owens highlighting the Democrats’ current vulnerability and the potential impact on the upcoming election in 2025. Despite bipartisan interest in reinstating the blue slip rule, a resolution before the election seems unlikely.
Commentators like Carrie Severino from the Judicial Crisis Network have noted that the blue slip rule was never an absolute bar to considering nominees, and it may not have been as consistently applied as some suggest. Grassley’s move during the Trump administration to advance appellate court confirmation hearings over objections from home state senators highlighted the divisive nature of the issue. The decision to honor blue slips has been largely at the discretion of the Judiciary chairman, with past chairmen handling the issue differently. The future of the blue slip process remains uncertain, with both parties at odds over its significance and implications for future judicial appointments.
