(C) Common Dreams
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Progressives Urge Senate Dems to Ditch Tradition That's Allowing GOP to Veto Biden Judges [1]
['Julia Conley', 'Julia Conley Is A Staff Writer For Common Dreams.']
Date: 2023-02-24 22:14:50+00:00
With Democrats hoping to confirm dozens more federal judges following President Joe Biden's milestone of appointing 100 new members of the judiciary, progressives on Friday said the party has no choice but to eliminate a tradition they say has been exploited by Republicans to block the president's nominees.
Advocacy group Alliance for Justice said Democratic leaders, particularly Senate Judiciary Committee Chair Dick Durbin (D-Ill.) must make a choice: They can "transform our federal courts by confirming so many more judges with a respect for the rights of all of us," or they can allow Republicans to continue the tradition of using so-called "blue slips" to reject nominees.
The Senate "can't do both," said the group.
Under the blue slip practice, which is not an official Senate rule, senators can unilaterally block federal district court judge nominees from being considered by the committee if the nominee is from their home state. Only if they submit a "blue slip" for the judge can the nomination proceed.
Prior to last year's midterm elections, Durbin said the party has "made it work" and would continue to abide by the blue slip tradition, but earlier this month he said he will no longer honor the withholding of a blue slip if he believes it "discriminates because of race, gender, or sexual discrimination."
Republicans including Sens. Lindsey Graham (R-S.C.) and Marsha Blackburn (R-Tenn.) have protested, with the latter claiming the practice is "essential to the Senate's constitutional obligation to provide advice and consent."
But as NBC News reported this week, Durbin noted Republicans have made clear that they're intentionally using the tradition to block Biden's nominees, submitting only 12 blue slips since Biden took office, compared to the 120 Democrats submitted under the Trump administration.
Also under former President Donald Trump, Republicans in control of the Judiciary Committee at the time did away with the use of blue slips for circuit nominees and as a result rapidly confirmed 54 judges to the circuit court.
Demand Justice noted that under the Obama administration, Republicans blocked 17 judicial nominees using the practice.
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