Bringing Back the Blue Slip?

The blue slip process is the procedure wherein one or both Senators of a State from which a judicial nominee hails could block the Senate Judiciary Committee from considering that nominee. The process had been a long-standing courtesy—not a Senate rule—that Committee Chairmen had for decades honored. Then-Committee Chairman Chuck Grassley (R, IA) began ignoring the blue slips in 2017 when the Progressive-Democrat Senators began abusing the process, using their blue slips to knee-jerk block then-President Donald Trump’s (R) nominees.

Now the current Senate Judiciary Committee Chairman and Majority Whip Dick Durbin (D, IL) is talking about reviving the courtesy (possibly even using the current Progressive-Democratic Party majority in the Senate to make the courtesy a Senate Rule).

Some in the Senate are suggesting that Durbin’s words are his tacit expectation that Republicans will regain the majority in the Senate and regain the White House with a newly reelected President Donald Trump.

My view is that Durbin’s words constitute a tempest in a sidewalk puddle. Say the Progressive-Democrats retain the Senate, the White House, or both. The courtesy/rule won’t matter. Reelected Biden’s nominees won’t get consideration in a Republican Senate, reelected Trump’s nominees won’t get consideration in a Progressive-Democrat Senate, and with Progressive-Democratic Party rule in the Senate and the White House, the courtesy/rule would never be considered.

On the other hand, a Republican majority in the Senate—regardless of who sits in the White House—easily can revoke the Senate Rule or simply disregard the courtesy, as Grassley did those years ago. And with Republicans running both the Senate and the White House, the blue slip process would be just as irrelevant as it would be with a Progressive-Democrat Senate and White House.

So, what’s Durbin up to? Maybe he is expecting a Republican Senate majority and/or a Republican White House—and he’s using this venue as one more effort to scare Party supporters around the nation into reelecting Party to the Senate and to the White House.

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