In the
Senate, a blue slip is a slip on which the senators from the state of residence of a
federal judicial nominee give an opinion on the nominee.
Overview
In the Senate, a blue slip is an opinion written by a
senator from the state where a federal judicial nominee resides. Both senators from a nominee's state are sent a blue slip in which they may submit a favorable or unfavorable opinion of a nominee. They may also choose not to return a blue slip. The
Senate Judiciary Committee takes blue slips into consideration when deciding whether or not to recommend that the Senate confirm a nominee.
History
A report issued by the Congressional Research Service in 2003 defines six periods in the use of the blue slip by the Senate:[2]
From 1917 through 1955: The blue-slip policy allowed home-state senators to state their objections but committee action to move forward on a nomination. If a senator objected to his/her home-state nominee, the committee would report the nominee adversely to the Senate, where the contesting senator would have the option of stating his/her objections to the nominee before the Senate would vote on confirmation.
From 1956 through 1978: A single home-state senator could stop all committee action on a judicial nominee by either returning a negative blue slip or failing to return a blue slip to the committee. This originated when
segregationist Senator
James Eastland of Mississippi allowed nominations to be killed to prevent
school integration.[3]
From 1979 to mid-1989: A home-state senator's failure to return a blue slip would not necessarily prevent committee action on a nominee.
From mid-1989 through June 5, 2001: In a public letter (1989) on the committee's blue-slip policy, the chairman wrote that one negative blue slip would be "a significant factor to be weighed" but would "not preclude consideration" of a nominee "unless the Administration has not consulted with both home state Senators." The committee would take no action, regardless of presidential consultation, if both home-state senators returned negative blue slips.
From June 6, 2001, to 2003: The chairman's blue-slip policy allowed movement on a judicial nominee only if both home-state senators returned positive blue slips to the committee. If one home-state senator returned a negative blue slip, no further action would be taken on the nominee.
Since 2003, blue slip policy has changed several more times, as follows:
2003 to 2007: A return of a negative blue slip by one or both home-state senators does not prevent the committee from moving forward with the nomination — provided that the Administration has engaged in pre-nomination consultation with both of the home-state senators.[2][4]
2007 to January 3, 2018: The chairman's blue-slip policy allowed movement on a judicial nominee only if both home-state senators returned positive blue slips to the committee. If one home-state senator returned a negative blue slip, no further action would be taken on the nominee.[4]
January 3, 2018, to present: The lack of two positive blue slips will not necessarily preclude a circuit-court nominee from receiving a hearing unless the White House failed to consult with home-state senators. Hearings are unlikely for district court nominees without two positive blue slips.[5][6]
In October 2017,
Senate Majority LeaderMitch McConnell announced that he believed blue slips should not prevent committee action on a nominee.[7] In November 2017, the Chairman of the
Senate Judiciary Committee,
Chuck Grassley, announced that the committee would hold hearings for
David Stras and
Kyle Duncan. Stras's hearing was held up by Senator
Al Franken's refusal to return his blue slip, while Duncan's hearing was held up by Senator
John Neely Kennedy's indecision on his blue slip. Kennedy, however, consented to Duncan receiving a hearing.[8][9]