The Congressional Black Caucus will oppose two of President Joe Biden's judicial nominations if the Senate Judiciary Committee does not alter its "blue slip" process that involves the veto power of nominees.
In a letter sent to Senate Judiciary Committee Chairman Dick Durbin (D-IL), the powerful voting bloc said it would resist the nominees to the Eastern and Western Districts of Louisiana until the senator acts "boldly" and follows through on four demands relating to the process of home-state vetoing.
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This could be a headache for the Biden administration, as Democrats have continued to run into numerous hurdles in advancing their judicial picks through the Senate. Many of those hiccups earlier this year stemmed from the prolonged absence of Sen. Dianne Feinstein (D-CA).
One of the demands from the Congressional Black Caucus involves waiving the blue slip process for U.S. attorneys and U.S. marshals. Under the blue slip tradition, senators are given ceremonial veto power over judicial nominees being considered for their home state.
As a courtesy from the committee chairman, the home-state senators are extended a blue slip out of courtesy, which they can either return with comments supporting the nominee, return with comments opposing the nominee, or not return at all.
The blue slip process is not mandatory under the Constitution. Therefore, the extent to which a blue slip affects a nominee’s confirmation depends on the rules set by the chair of the Senate Judiciary Committee — in this case, Durbin.
With Durbin as chairman, blue slips from home-state senators must be received for the nominee to have a hearing, which follows a long-standing tradition.
The black caucus is requesting that Durbin alter the rules so only one of two blue slips from home-state senators be required for judicial nominees. The senator who refuses to submit a blue slip must submit an explanation as to why they take issue with the nominee, the caucus said.
The caucus also requests that a process where senators discuss nominations with members of that jurisdiction be established.
The caucus claims that the blue slip process can be used as a political tool and undermines efforts to diversify the judiciary and "reestablish fair courts with ideological balance."
“The continued misuse of the arcane Blue Slip as a tool for procedural obstruction and the failure to meaningfully engage CBC Members who have a jurisdictionally vested interest in nominations will undermine our joint endeavor to make a dramatic mark on the judiciary,” Congressional Black Caucus Chairman Steven Horsford (D-NV) wrote.
Despite praising Durbin and the Democrats for their work in diversifying judicial nominees, the caucus expressed its frustration with the nomination process.
If the Senate Judiciary Committee does not deliver on the demands, Black Caucus members will continue to oppose the appointments of Brandon S. Long for the Eastern District of Louisiana and Jerry Edwards Jr. for the Western District of Louisana. The caucus had objected to their nominations earlier this year, which led to a meeting with the White House in June.
In a letter sent in June, nine caucus members expressed concern that they had not been properly consulted on the nominees beforehand, though they did not say at the time that they had concerns with the nominees themselves.
The members said they were worried that the White House's efforts to win the support of home-state GOP senators were taking precedent over consideration of nominees' ideologies and experience.
If Senate Democrats do not agree to change the blue slip process, it could drive a wedge between the Biden administration and the Black Caucus, which could negatively affect the president's agenda and his push for reelection heading into 2024.
Durbin addressed the caucus members' concerns about the nominees on Wednesday but did not comment on whether the blue slip process would be examined.
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“I understand the Congressional Black Caucus has raised concerns about White House consultations with congressman Troy Carter regarding the two Louisiana nominees on today’s panel,” he said at the beginning of the committee's Wednesday hearing. “I do not know the details of these consultations, but I hope any concerns can be resolved as we move forward.”
"Notably, one of the nominees on today’s panel will be the first person of color ever to serve on the federal bench in the Western District of Louisiana," Durbin continued. "It is important to recognize this important historic milestone, as well as the accomplishments and professional experience of all of today’s nominees. I hope these exemplary qualifications will be the focus of today’s hearing.”