On the recordJuly 17, 2018
They would either be giving up the one defense they have to make sure that the seats on the court that are allocated to their State are in fact filled with judges from their State, or they would be suggesting that there should be two different sets of rules that apply--that there be one blue-slip rule for a Democratic President and that there would be a different blue-slip rule for a Republican President. I don't think that is credible. I think that once the blue slip is torn down, reestablishing it is virtually impossible. I think the day will come when Senators come to regret that they are trying to get a home-State person appointed from Idaho or Colorado or New Mexico or Texas, and they have given up their ability to see to it that happens, and that a lawyer from San Francisco or from New York City or from Florida or from anyplace else can be dropped into their circuit court seat, and they have nothing left to do about it, because the one tool they have to stop that and to enforce that prerogative is the blue slip, and it dies today.
