Restoration of Rules Could Delay Judicial Confirmations

Senate Judiciary Commitee Chair Dick Durbin, D-Ill., has expressed willingness to consider reinstating the “blue slip” process on circuit court nominees next year. This process would give more power to the minority party to block executive branch nominees, as reported by Politico.

The “blue slip” rule required circuit court judicial nominees to have approval from both senators from the state before moving forward. It was eliminated in 2017 when Republicans were in control of the Senate and was not reinstated when Democrats took over in 2021.

Durbin emphasized that any revival of the rule would require approval from both parties.

“If there’s any members of the committee that want to start an active conversation along those lines, I’d be glad to join it,” he stated.

“If we are going to do anything on blue slips on circuit court judges, I think there’s one premise: We should do it prospectively, not knowing the outcome of an election that may change the presidency or may not. That is a fair way to approach it,” Durbin mentioned during a hearing last week.

Republican members of the committee also indicated openness to discussing the matter. Senator Lindsey Graham, R-S.C., the top GOP member on the panel, expressed hope for “a little bit of a check and balance on the committee.”

Senator Chuck Grassley, R-Iowa, echoed this sentiment.

“I think it’s a good thing to have the blue slip back to where it was,” he said.

Grassley highlighted that the removal of the blue slip rule was a strategic move by then-Senate Majority Leader Mitch McConnell to expedite the confirmation of judges.

“McConnell had a good plan going, and the blue slip for the circuit judges was standing in the way and he wanted to get as many circuit judges on as you could get,” Grassley told Politico. “And that’s part of the reason it was revised and effectively eliminated.”

A spokesperson for Durbin informed Politico that any changes to the policy would not take effect until the next Congress.