Bloomberg Law
Feb. 17, 2021, 11:51 PM

Senators Can’t Veto Biden Circuit Picks, Maintaining GOP Policy

Madison Alder
Madison Alder

Senate Judiciary Committee Chair Dick Durbin (D-Ill.) will keep the same practice in place for lawmaker input on judicial picks as Republicans used, making it easier for Democrats to get appellate picks confirmed.

Durbin won’t change the policy Republicans put in place during the Trump administration, a Senate Judiciary Committee aide told Bloomberg Law. That means home-state senators can’t derail a Biden circuit court nominee by not returning a so-called blue slip.

The century old custom involves senators marking a blue form to indicate support for a judicial nominee. Prior to 2017, not returning a blue slip could be used ...

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