One Slip, Two Slip, Red Slip, Blue Slip: Bipartisanship is Dead

The “single most important legacy” of the Trump administration “has consequences 40 years out.” It seems there is little one can do to stop the judiciary picks that are coming from a deeply conservative base that, for most Democrats, is an alarming rate. Only a little-known process has helped the Democrats slow the nominations of lifetime judges to district and circuits courts. The blue-slip process had been used historically by both Republicans and Democrats since 1917. The process gives senators the ability to exercise a quasi-veto power over judicial picks in their home state. The senator returns a blue slip noting support when he or she consents to the nominee; since 1981, no circuit court judge has been confirmed without two blue slips from the home-state senators. However blue-slip process may not survive past its 100-year mark.

More unnerving than seeing Trump alone is seeing Mitch McConnell standing in solidarity with the president. Republican Congressmen seem eager to find some type of consensus with the president and have become Janus-faced in doing so. The pace of seats being filled is not fast enough for advocacy groups like the Judicial Crisis Group, and so McConnell has suggested that it is time to do away with the blue-slip process for circuit court nominees. During Obama’s presidency, Republicans encouraged the use of this process and took advantage of it to block many judicial nominations. The process has been honored on both sides by not advancing judges who were not given two blue slips. Both McConnell and Senate Judiciary Committee chairman, Chuck Grassley have used blue-slips to block Democratic nominees. Just this week Grassley decided to go ahead with two circuit court nominees who have not received support from both of their home-state senators.

The Trump campaign thrived under the message of bucking the system and doing away with long-standing political traditions that impede “progress.” The blue-slip process is not legally binding so we can be now be sure that it will not be honored. Trump has openly mocked and complained about judges who did not support him or his policies and now he seems to have a greenlight from Republicans to stack the courts, even when the nominees are deemed unqualified. For those who think we must “wait it out” and everything will change in four years, the nominees getting confirmed today are here for life. With these confirmations come full backing of Trump agenda. Should we not be concerned that when he stacks the Supreme Court, he secures an expansion on executive power? The unqualified crony judges getting in on Trump’s watch know they need to do his bidding and be thankful, and those of us who are concerned with consequences 40 years out must quit biding our time.