Stupid Congressman Tricks: Republican Senator Blocks Nomination He Recommended

When Senate Democrats changed the filibuster rule, it looked like the backlog of appointees for judgeships would finally be relieved, and that did seem to be happening for a few weeks.  

But one roadblock that Democrats did not eliminate was the "blue slip", a tradition that has been around since about 1917.  This rather undemocratic tradition allows a Senator from a nominee's home state to withhold a piece of blue paper that is used to indicate he or she agrees to the judicial nomination.  If this "blue slip" is not sent on to the committee chairman, then the nominee will not get a Senate committee hearing and so will never be presented to the Senate for a vote, even with the change in the filibuster rule.   No explanation, no evidence, no reasoning is required.  

There are currently eleven nominees whose appointments have been stalled by blue slips.

The obvious use for this tradition would be for a conservative Senator to deny a vote on a liberal leaning judge or vice versa. 

Then there are cases like that of  federal prosecutor Jennifer May-Parker.  Senator Richard Burr (R-North Carolina) recommended her to fill a seat on the East District of North Carolina bench--a seat that has been vacant for eight years.

Senator Richard Burr 

Last June, President Obama accepted Senator Burr's suggestion and nominated Ms. May-Parker for the open seat.  Then, in what I call a STUPID CONGRESSMAN TRICK, Senator Burr--the same Senator who recommended Ms. May-Parker to the President in the first place--used the blue slip to deny her a committee hearing.

While Mr. Burr's blue slip defies logic, he is not the only one to blame here.  Senator Patrick Leahy, (D-Vermont), chairman of the Senate Judiciary Committee could end the bottle-neck tomorrow.  There is nothing in the Constitution or in the Senate rules regarding the use of the blue slip.  When Orrin Hatch (R-Utah) was chairman of the Senate committee, he would overrule a blue slip objection, even if both home state Senators objected, as long as the President "consulted" with them first.

Clearly, Senator Leahy could do the same thing.  What isn't clear is why he has chosen to be Mr. Burr's straight man.  Maybe stupid is catching after all.