Oregon's two Democratic senators are blocking one of President Trump's judicial nominees with claims that a "longstanding" state tradition mandating that nominees be chosen from their "judicial selection committee" was violated, but the tradition they cite has never applied to picks for the U.S. Circuit Court, according to records viewed by the Washington Free Beacon.
Sens. Ron Wyden and Jeff Merkley alerted the White House that they would be blocking the nomination of Oregon native Ryan Bounds for a seat on the U.S. Circuit Court of Appeals for the Ninth Circuit. Bounds is currently serving as assistant U.S. Attorney for the District of Oregon.
"We cannot return a blue slip on any judicial nominee that has not been approved by our bipartisan judicial selection committee," the senators wrote in a letter to the White House referencing the informal "blue slip" process by which senators are able to block nominations of judges from their home state.
"We have a long history of organizing a committee charged with thoroughly vetting applicants from the Oregon legal community," the senators wrote. "We do not intend to return our blue slips for Ryan Bounds or any other nominee that has not been selected through our judicial selection process."
Though Wyden and Merkley refer to this selection process as a "longstanding" tradition, records show that nominees for the U.S. Circuit Court such as Bounds have never been selected in this fashion.
Bounds is nominated to fill a seat on the U.S. Court of Appeals for the Ninth Circuit vacated by Oregon Judge Diarmuid O’Scannlain, who notified former President Obama that he was assuming senior status on the court last September.
Luckily, I have enough willpower to control the driving ambition that rages within me.
When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson
"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
September 25, 2017, 02:37 PM
sdy
with all the overt DEM obstructionism going on, McConnell should just announce "We see what you are doing, and we are going to stop it"
Make the blue slip a recommendation only. Get moving on these nominations.
Franken and Klobuchar are pulling a similar maneuver.
September 25, 2017, 02:50 PM
JALLEN
quote:
Originally posted by sdy: with all the overt DEM obstructionism going on, McConnell should just announce "We see what you are doing, and we are going to stop it"
Make the blue slip a recommendation only. Get moving on these nominations.
That is not required by any law or rule. It has been a courtesy to Senators not of the President's party.
Normally, a judgeship is controlled by the senior Senator of the state of the President's party who chooses the nominee who the President then nominates. Actually, that goes for all appointed US jobs in the state. At present, for example, judges and U.S. Attorneys and Marshalls etc. in Texas are chosen by Senator John Cornyn, the senior Republican Senator.
Where no Senator from a state is from the same party, a courtesy is extended to those Senators to speak up to avoid naming a nominee who is particularly obnoxious to the Senators. Returning the blue slip is the indication that there is no objection to an nomination of an individual in the Senator's state. The Senators can still oppose the nomination in the confirmation process.
It is merely a courtesy. Now not only are these Oregon Senators willing to spit on courtesy but lie about the previous practice as well. Shame, shame, shame!
Luckily, I have enough willpower to control the driving ambition that rages within me.
When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson
"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
September 25, 2017, 02:53 PM
sdy
agree. but a "courtesy" is a road block if you honor it
This is an area that is not getting a lot of attention. DEMs are seriously slowing up the Trump nominations. The problem is flying under the radar for the most part.
September 25, 2017, 02:55 PM
joel9507
100% of Senators swore to uphold the Constitution.
0% swore to uphold Senate traditions.
It is high time that at least 52% of them remembered this.
September 25, 2017, 03:10 PM
Sig2340
Nice is overrated
"It's every freedom-loving individual's duty to lie to the government." Airsoftguy, June 29, 2018
September 25, 2017, 03:26 PM
signewt
Wyden of course lives in NY state for years now. While I've searched for rational answer to the question, many Oregonians still do not understand exactly how his claim to residency stands.
Yes, years ago he did have a small apartment in PDX. It was up for sale about 10 years ago.
Some Oregonians consider Ron Wyden to be an ancillary NY State Senator regardless of his claims.
**************~~~~~~~~~~ "I've been on this rock too long to bother with these liars any more." ~SIGforum advisor~ "When the pain of staying the same outweighs the pain of change, then change will come."~~sigmonkey
September 25, 2017, 03:30 PM
Il Cattivo
Since when have the Dems given a rip about inconvenient traditions?
September 25, 2017, 03:32 PM
Pipe Smoker
The Ninth Circuit Court is badly in need of fair and honest judges.
Serious about crackers.
September 25, 2017, 03:34 PM
ChicagoSigMan
I know what Harry Reid would do in this situation. Let's see if McConnell has any spine left.
September 25, 2017, 05:25 PM
gw3971
I'm sure the republicans will fix this road block just like they did with Healthcare.
September 25, 2017, 05:25 PM
signewt
quote:
Let's see if McConnell has any spine left.
...don't think Senatorial Turd Worms ever developed one regardless of their career life phase
**************~~~~~~~~~~ "I've been on this rock too long to bother with these liars any more." ~SIGforum advisor~ "When the pain of staying the same outweighs the pain of change, then change will come."~~sigmonkey
September 25, 2017, 05:32 PM
jhe888
quote:
Originally posted by sdy: with all the overt DEM obstructionism going on, McConnell should just announce "We see what you are doing, and we are going to stop it"
Make the blue slip a recommendation only. Get moving on these nominations.
Franken and Klobuchar are pulling a similar maneuver.
It is only a recommendation which has been accepted as a long-standing tradition. It has no force of law. But it has applied only to nominees to district courts IN the state. So Senators in states that have two Senators in the "other" party have been given an ability to reject nominees to courts in their state by tradition and courtesy. This is, however, is a court (the circuit court) to which the tradition has never applied, and they are trying to claim it does because the NOMINEE is from Oregon, as opposed to the court being in Oregon.
The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
Sen. Chuck Grassley (R-Iowa) is moving to nix the blue slip for two of President Trump’s judicial picks, sparking a showdown with Democrats over nominations.
Grassley announced on Thursday that he has scheduled Nov. 29 hearings for David Stras, Trump’s nomination to be an appellate judge on the 8th Circuit, and for Kyle Duncan, nominated to serve the 5th Circuit.
“Today, I’m announcing that the Judiciary Committee will hold a hearing for two circuit court nominees, each of whom has one home state senator who has not returned a blue slip containing a positive endorsement,” Grassley said from the Senate floor.
Stras’s nomination has been in limbo since early September when Sen. Al Franken (D-Minn.) said he wouldn’t turn in his blue slip because he has “grown concerned that if confirmed to the federal bench, Justice Stras would be a deeply conservative jurist.”
Grassley noted that GOP Sen. John Kennedy (La.) had not returned a positive blue slip for Duncan, but has said he does not oppose having a hearing.
The “blue-slip” rule — a precedent upheld by Senate tradition — has historically allowed a home-state senator to stop a lower-court nominee by refusing to return a sheet of paper, known as a blue slip, to the Judiciary Committee.
But how strictly the precedent is upheld is decided by Judiciary Committee chairman and enforcement has fluctuated depending on who controls the panel.
November 17, 2017, 01:35 AM
Gustofer
quote:
Originally posted by signewt: Wyden of course lives in NY state for years now. While I've searched for rational answer to the question, many Oregonians still do not understand exactly how his claim to residency stands.
Yes, years ago he did have a small apartment in PDX. It was up for sale about 10 years ago.
Some Oregonians consider Ron Wyden to be an ancillary NY State Senator regardless of his claims.
One more reason the 17th Amendment should be repealed.
________________________________________________________ "Great danger lies in the notion that we can reason with evil." Doug Patton.
Sen. Chuck Grassley (R-Iowa) is moving to nix the blue slip for two of President Trump’s judicial picks, sparking a showdown with Democrats over nominations.
Grassley announced on Thursday that he has scheduled Nov. 29 hearings for David Stras, Trump’s nomination to be an appellate judge on the 8th Circuit, and for Kyle Duncan, nominated to serve the 5th Circuit.
“Today, I’m announcing that the Judiciary Committee will hold a hearing for two circuit court nominees, each of whom has one home state senator who has not returned a blue slip containing a positive endorsement,” Grassley said from the Senate floor.
Stras’s nomination has been in limbo since early September when Sen. Al Franken (D-Minn.) said he wouldn’t turn in his blue slip because he has “grown concerned that if confirmed to the federal bench, Justice Stras would be a deeply conservative jurist.”
Grassley noted that GOP Sen. John Kennedy (La.) had not returned a positive blue slip for Duncan, but has said he does not oppose having a hearing.
The “blue-slip” rule — a precedent upheld by Senate tradition — has historically allowed a home-state senator to stop a lower-court nominee by refusing to return a sheet of paper, known as a blue slip, to the Judiciary Committee.
But how strictly the precedent is upheld is decided by Judiciary Committee chairman and enforcement has fluctuated depending on who controls the panel.
Go Chuck!! He's one of my Senators, the other is Joni Ernst (also R).
