1) The Hitchhiker’s Guide to Why the Senate’s “blue slip” process could derail Trump’s effort to confirm Jay Clayton to serve as US Attorney for the Southern District of New York
2) Any potential confirmation process for Jay Clayton to serve as the US Attorney for the Southern District of New York would wind through the Senate Judiciary Committee, headed by Sen. Lindsey Graham (R-SC).
3) But today, Graham indicated he would rely on the committee’s tradition of receiving “blue slips from home state senators before proceeding to the nomination.”
“Blue slips” are one of many folkways often followed in the Senate as it pertains to nominees.
“Blue slips” are one of many folkways often followed in the Senate as it pertains to nominees.
4) A blue slip is where the home state senators of a nominee send to the committee either a favorable or unfavorable view of the person in question. The home state senators may in fact oppose a nominee.
5) But they generally forward favorable blue slips if the nominee isn’t completely egregious.
Senators may also not return blue slips at all.
Senators may also not return blue slips at all.
6) A negative blue slip may not necessarily sidetrack a particular nominee from confirmation. But the process does influence other senators and gives weight, one way or the other, regarding a given nominee.
7) It’s significant that Graham flagged this arcane tradition amid the potential confirmation of Clayton.
8) Senators are frequently respectful of the blue slip process, mindful that they must consider the reservations of their colleague regarding a nominee...so that their own reservations about other nominees are also taken seriously by their colleagues.
9) The blue slip policy has evolved many times over the years, sometimes freezing a questionable nomination.
These days, hearings are often unlikely, mostly for circuit-court judges, if a nominee lacks two positive blue slips.
These days, hearings are often unlikely, mostly for circuit-court judges, if a nominee lacks two positive blue slips.
10) Senate Majority Leader Mitch McConnell (R-KY) has argued in recent years against forgoing a hearing for a nominee, despite positive blue slips.
11) But over the past two years, the Senate has confirmed various nominees, even despite cases where both home state senators have returned negative blue slips.
12) Clayton is originally from Virginia. But Pennsylvania is now his residence. That presumes the two senators dealing with blue slips here would be Sens. Bob Casey (D-PA) and Pat Toomey (R-PA).
13) But keep in mind, the blue slip process is entirely extra-parliamentary and not steeped in any Senate rule or even official Senate precedent. It’s just a Senate tradition...which, like so many things in the Senate, isn’t written down anywhere.
