{ "id": "RL32013", "type": "CRS Report", "typeId": "REPORTS", "number": "RL32013", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 305337, "date": "2003-10-22", "retrieved": "2016-04-08T14:35:49.608544", "title": "The History of the Blue Slip in the Senate Committee on the Judiciary, 1917-Present", "summary": "The blue-slip process had its genesis in the Senate tradition of senatorial courtesy. Under this\ninformal custom, the Senate would refuse to confirm a nomination unless the nominee had been\napproved by the home-state Senators of the President's party. The Senate Committee on the\nJudiciary created the blue slip (so called because of its color) out of this practice in the early 1900s. \nInitially, the blue slip permitted Senators, regardless of party affiliation, to voice their opinion on a\nPresident's nomination to a district court in their state or to a circuit court judgeship traditionally\nappointed from their home state. Over the years, the blue slip has evolved into a tool used by\nSenators to delay, and often times prevent, the confirmation of nominees they find objectionable. \nThe following six periods highlight the major changes that various chairmen of the Judiciary\nCommittee undertook in their blue-slip policy:\n From 1917 through 1955: The blue-slip policy allowed home-state Senators\nto state their objections but committee action to move forward on a nomination. If a Senator\nobjected to his/her home-state nominee, the committee would report the nominee adversely to the\nSenate, where the contesting Senator would have the option of stating his/her objections to the\nnominee before the Senate would vote on confirmation. \n From 1956 through 1978: A single home-state Senator could stop all\ncommittee action on a judicial nominee by either returning a negative blue slip or failing to return\na blue slip to the committee. \n From 1979 to mid-1989: A home-state Senator's failure to return a blue slip\nwould not necessarily prevent committee action on a nominee. \n From mid-1989 through June 5, 2001: In a public letter (1989) on the\ncommittee's blue-slip policy, the chairman wrote that one negative blue slip would be \"a significant\nfactor to be weighed\" but would \"not preclude consideration\" of a nominee \"unless the\nAdministration has not consulted with both home state Senators.\" The committee would take no\naction, regardless of presidential consultation, if both home-state Senators returned negative blue\nslips. \n From June 6, 2001, to 2003: The chairman's blue-slip policy allowed\nmovement on a judicial nominee only if both home-state Senators returned positive blue slips to the\ncommittee. If one home-state Senator returned a negative blue slip, no further action would be taken\non the nominee. \n 2003: A return of a negative blue slip by one or both home-state Senators does\nnot prevent the committee from moving forward with the nomination -- provided that the\nAdministration has engaged in pre-nomination consultation with both of the home-state\nSenators. \n The blue-slip process has been the subject of growing scholarly and legal debate; a selected list\nof reading material is included at the end of this report.\n This report will be updated to reflect future blue-slip policy developments.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL32013", "sha1": "4b8901fd9aa25b2a990a3fb48007f6c56614e3cc", "filename": "files/20031022_RL32013_4b8901fd9aa25b2a990a3fb48007f6c56614e3cc.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL32013", "sha1": "1f24ffc0b140c9067b6fd151838427d278b26e6b", "filename": "files/20031022_RL32013_1f24ffc0b140c9067b6fd151838427d278b26e6b.pdf", "images": null } ], "topics": [] } ], "topics": [] }