On the recordJuly 17, 2018
I appreciate so much my colleague from Rhode Island laying out what is at stake here. Why has this 101-year tradition maintained itself over a period of time in which so many things have changed in our culture? The country has been transformed, but for over a century, there has been this mutual understanding that, when it comes to the circuit court, it is appropriate to have members serving on that circuit who have roots in and approval and understanding related to different States within that circuit. That is what has held it together. If I tear it down for one of my colleagues, I tear it down for myself. If I tear it down for their circuit, I tear it down for my circuit. That is what has held it together--that we each want the circuits to be able to reflect individuals who have an understanding of the issues that might come up in that circuit. There is embodied in the law a residency requirement for some positions on a circuit court. But that residency requirement isn't the same as a blue-slip requirement. You can establish residency very easily in another State. Previous decisions of the court have made sure it is possible to easily establish residency in another State. Therefore, it is the blue slip that has maintained this balance. We were taking a look at some of the writings of the individual who is up for this particular position that so bothered and concerned me and concerned the senior Senator from Oregon, my colleague Senator Wyden.…





