Democracy Has Prevailed.

September 14, 2017

All Politics Is Local (Some Senatorial Hypocrisy)

From The Washington Post:
The top Republican in the Senate is ready to formally dispense with a long-running practice that gives senators an early chance to block federal judicial nominees who would have jurisdiction over their states — at least at the appeals court level.

In an interview with the New York Times this week, Senate Majority Leader Mitch McConnell (R-Ky.) said he wants to get rid of individual senators’ power to block nominees to the appeals courts — the dozen powerful circuits just one notch below the Supreme Court — from being considered.

“My personal view is that the blue slip, with regard to circuit court appointments, ought to simply be a notification of how you’re going to vote, not the opportunity to blackball,” Mr. McConnell said on the Times’ “The New Washington” podcast, referring to the custom senators from affected states need to sign off on a physical blue slip before a nominee can formally start the congressional vetting process.
And from that NYTimes piece:
Now, with some Democrats refusing to consent as the Trump administration moves to fill scores of judicial vacancies, Senator Mitch McConnell, the Kentucky Republican and majority leader, is for the first time publicly advocating that the blue slip be made strictly advisory when it comes to appeals court nominees — the most powerful judges after those on the Supreme Court.
Guess what?

From the Post-Gazette a few years ago:
The Senate Judiciary Committee on Wednesday grilled four nominees for federal judgeships, but one Pennsylvania jurist isn’t on the confirmation agenda even though he appears to have wide support.

Judge L. Felipe Restrepo, who sits on the U.S. District Court for the Eastern District, was nominated six months ago to the 3rd Circuit Court of Appeals, but his confirmation hearing is being held up, and Sen. Pat Toomey, R-Pa. is at the center of the delay.

Mr. Toomey said he strongly supports Judge Restrepo, but he hasn’t formally endorsed by officially signing off on the nomination. On judicial confirmations, the Senate traditionally defers to home-state senators whose signatures on blue slips of paper allow confirmation hearings to move forward.
He finally did turn in the blue slip - 6 months after Restrepo's nomination.

The point here is that if McConnell's proposed rule was in place then, there would not have been any delay at all. Toomey's support would have presumably been reflected in his "notification of how...to vote" and it would have been over much sooner.

On the other hand, Toomey wouldn't have been able to make a passive aggressive protest against Obama's immigration policy. Now that the legislative shoe is on the other foot...

Yea I know. Surprising, huh?

No comments: