On the recordMay 8, 2018
I rise this afternoon to urge my colleagues to oppose the confirmation of Michael Brennan to the U.S. Court of Appeals for the Seventh Circuit. By bringing Mr. Brennan's nomination forward without my support, Chairman Grassley and Leader McConnell are breaking with a longstanding Senate tradition that has guaranteed a voice for home State Senators, regardless of party, in the consideration of judicial nominees. The blue slip is an important part of this institution and its historic respect for the rights of each Senator, as well as the rights of the minority party. As the chairman of the Judiciary Committee, Mr. Grassley himself wrote in 2015: This tradition is designed to encourage outstanding nominees and consensus between the White House and home State Senators. Over the years, Judiciary Committee chairs of both parties have upheld a blue-slip process, including [most recently] Senator Patrick Leahy of Vermont . . . who steadfastly honored the tradition even as some in his own party called for its demise. I appreciate the value of the blue-slip process and also intend to honor it. Today, respect for that time-honored blue slip comes to an end. Not only is Michael Brennan being considered on the Senate floor, but tomorrow the Senate Judiciary Committee will hold a hearing on a nominee for a traditional Oregon seat on the Ninth Circuit for whom neither Oregon Senator has returned a blue slip.…
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