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View Diary: Next stop in GOP judicial nominations obstruction: Blue slips (55 comments)

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  •  Big Whup (1+ / 0-)
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    Blue slips only apply to those judgeships that exist at the State level, i.e. District. They don't apply to multi-state Circuit judges or no-State DC Circuit or Federal Circuit and it is at that appeal level that the rubber really hits the road.

    The GOP might still try to gum up the works at the District level but in the nature of things can get little payoff in doing so. Because most of the work at that level is drug and federal fraud cases and contracts and whatever all of which have importance for local GOP law-n-order and business base. There is just no juice being totally obstrutionist at that level when the individual Senator has lost control of the process at the Circuit level.

    You don't block Obama's agenda by keeping some District spots open in Texas, not in any important regard.

    SocSec dot.Defender at - founder DK Social Security Defenders Group

    by Bruce Webb on Wed Nov 27, 2013 at 09:38:38 AM PST

    •  Well the reasonable (2+ / 0-)
      Recommended by:
      northerntier, phonegery

      citizens of states with a republican senator deserve to have the local federal bench staffed with at least a few less ideological jurists.

      With the blue slip in place Obama's staff has to find judges who are fairly right wing in order to have any chance of getting past the blue slip barrier.

      Or alternatively the republicans might just block every appointment and leave the positions unfilled. But in that case they might be leaving them open for another 10 years so the end result is a case backlog in their own back yards.

      I hope Leahy kills it at the first sign of abuse. Then Obama's staff would have the freedom to simply choose qualified judges who are not necessarily batshit right wingers.

      •  The downsides of leaving those (0+ / 0-)

        seats open are less.

        In my opinion the main use of Blue Slips has been (Jesse Helms notorious use besides) has been as warning shots from minority Senators that they "must be taken seriously".

        Sure this time it is just a District Judge, but "I got clout and the next time it might be me filibustering your Circuit choice".

        Well under the new rules the possibilities of escalating are that much smaller. Of course the proof is in the pudding, if we see an escalation of blue slipping and other methods of obstruction than Leahy in the first case and Reid in the second may well have to take action. But this kind of looks too much like looking for the black cloud inside the silver lining for my tastes.

        Because just between you me and 999,998 other Kossacks too many progressives seem terminally afflicted with "Man we are just fucked! STILL and AGAIN"-itis and with symptoms that flare up with little or no apparent significant cause. Or even at what should be partial cures.

        At best this leads to defeatism and at worst to the mostly counterproductive 'Heighten the Contradictions' strategy.

        SocSec dot.Defender at - founder DK Social Security Defenders Group

        by Bruce Webb on Wed Nov 27, 2013 at 03:02:05 PM PST

        [ Parent ]

    •  Not correct, unfortunately (2+ / 0-)
      Recommended by:
      Alice Olson, divineorder

      Circuit judges are are also subject to blue-slips, as they do have a home state or a duty station within the circuit. Previous judicial chairmen have sometime not applied this blue slip rule at the appellate level, but I'm pretty sure that Leahy does.

      "A government that robs Peter to pay Paul can always depend on the support of Paul." - George Bernard Shaw

      by Drobin on Fri Nov 29, 2013 at 10:24:08 AM PST

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      •  So 24 Senators have this privilege (0+ / 0-)

        two each for the 12 Districts and 78 do not?  or are the District Judges actually spread through their District and only meet for decisions?

        This is truly a question.

        SocSec dot.Defender at - founder DK Social Security Defenders Group

        by Bruce Webb on Tue Dec 03, 2013 at 12:46:30 AM PST

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        •  Okay Google was my friend (0+ / 0-)

          It looks like every State has at least one judge to contribute to their respective Circuit. On the other hand this means that more populous States have a disproportionate influence. With some anomalies. After all Tennessee has three to Ohio's two on the Sixth and Oklahoma has three where Colorado has one on the 10th. Meaning that in this case some Senators are more equal than Others.

          But I guess it is what it is.

          SocSec dot.Defender at - founder DK Social Security Defenders Group

          by Bruce Webb on Tue Dec 03, 2013 at 12:56:22 AM PST

          [ Parent ]

    •  Thanks for the facts and your clarity. (0+ / 0-)

      Putting the fun back in dysfunctional.

      by hawkseye on Fri Nov 29, 2013 at 01:05:56 PM PST

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    •  blue slips (0+ / 0-)

      Blue slips apply to appeals court judges and district court judges.  The only courts where they wouldnt apply are D.C. district and appeals and Federal circuit appeals court.  All other district and appeals courts have judges chosen from the states in their circuit with a certain number allotted for each state.  For examine Alaska has 1 judgeship allotted on the 9th circuit appeals court so AK senators have to agree on that nominee before a hearing in committee.

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