Several sources (Rick Hasen’s Election Law blog post was the first one I saw) this morning report that Republican Senate Majority Leader Mitch McConnell has decided to end blue slips, the practice of allowing home-state Senators to block judicial nominations.
I believe ending blue slips is sound. I believe ending them now, as a tactic for President Trump to fill seats without Democratic input that Republicans blocked President Obama from filling, is deeply unsound.
Be that as it may, it seems likely that nominations for the Third Circuit’s other two openings are on the way.
UPDATE: Vetting Room tweeted: “Take this w/ a grain of salt, noting the source. The majority leader doesn’t control blue slips.”
Zoe Tillman tweets:
McConnell’s office said comments in today’s
@FredBarnes story were about McConnell’s “well-known public position” on blue slips”“McConnell spox via email: We have not made any announcements about a Conference or committee position.”
And when asked about McConnell’s comments, a Grassley spox reiterated that it is up to the Judiciary Committee chair to decide what to do
This is all to say: It does not appear settled, one way or the other, about what will happen as Dems withhold blue slips on Trump nominees