Schumer said at the time the blue slip tradition was one of the few mechanisms “to create bipartisanship and bring people to an agreement.” But since taking the majority, he and Judiciary Committee Chairman Dick Durbin (D-Ill.) said they’ll follow McConnell’s rule, with Durbin saying it may also be extended in some cases to district court judges.ĭurbin said in an interview that the desire to ensure diversity also is driving why, in some limited cases, he might ignore home state senators’ wishes in the filling of district court judges. Photographer: Tom Williams/CQ Roll Call/Bloomberg Previously, if lawmakers objected to a pick for a circuit or district court in their state, leaders wouldn’t advance the nominee. The long-standing tradition called for senators representing states where judicial vacancies occur to be sent “blue slips” where they’d indicate whether or not they supported a proposed nominee.
In 2017, Schumer criticized then-Majority Leader Mitch McConnell (R-Ky.) when he moved to end the practice of honoring home state senators’ preferences when filling key federal circuit court vacancies. “The American people deserve that representation and to have a functioning judiciary, and I think voters certainly would not scold Democrats for doing something that they’ve watched Republicans do for years and have become accustomed to this idea that you use power when you have it.” “The votes exist within the Democratic majority on Judiciary to move these judges forward,” Democratic strategist Max Burns said. Democrats decried the changes at the time, but they’ve been urged to keep them in place by liberal advocates who want more like-minded jurists named by Biden on the federal bench to offset the influence of Trump’s conservative picks and to play a role in decisions on key issues such as abortion and voting rights. They should better reflect the richness and diversity of our nation.”ĭuring the Trump years, Republicans expedited floor debate on judges and limited individual senators’ say over appellate court nominees from their home states. “Our federal courts have long been presided over by former corporate lawyers and prosecutors and men. There’s an urgency to move quickly given that their tenuous hold on the 50-50 chamber-and with it, President Joe Biden’s ability to put his imprint on the judiciary-may be short-lived.Įven as the Senate proceeds with other legislation, “we will not relent on speedily filling the vacancies in our federal judiciary with qualified, mainstream, and diverse jurists,” Schumer said on the floor Tuesday. Senate Majority Leader Chuck Schumer (D-N.Y.) said he plans to confirm another nine federal judges this week, including three for the influential circuit courts. They’ve retained GOP rules implemented during the Trump administration to expedite nominees to fill more than 100 judicial vacancies. Senate Democrats are embracing many of the hardball judicial confirmation tactics they once criticized Republicans for using as they press to fill dozens of federal vacancies before the 2022 midterm elections.
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