Top House Democrat supports end to Senate ‘blue slip’ practice

House Minority Leader Hakeem Jeffries (D-N.Y.) said he supports ending the Senate’s longstanding “blue slip” policy, which gives senators a say in judicial nominations in their states.

Asked Friday during a press conference whether Sen. Dick Durbin (D-Ill.), chairman of the Senate Judiciary Committee, should abolish the blue slip process, Jeffries said the Senate as a whole should move to “do away” with it.

Blue slips are opinions in which senators weigh in on judicial nominees for their home state. Both senators from the nominee’s state fill out a survey — on blue paper — that the Judiciary Committee uses to glean their views on the nominee.  

Under Senate tradition, a judicial nomination can be blocked if a home-state senator refuses to return a blue slip to the committee. The committee chairman decides the extent to which the precedent is upheld. 

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The last time a judge was confirmed without both blue slips was in 1989, almost 30 years ago, according to the Judiciary Committee. In the past 100 years, fewer than five judges have been confirmed without two blue slips, the committee says.  

The process was once used by segregationist lawmakers to curb progress made to guarantee civil rights for Black Americans. It was started to stop school integration after Brown v. Board of Education, according to the Alliance for Justice.  

In May, more than 30 advocacy groups called for an end to the process, urging reform to “ensure a fair process and stop Republicans from blocking highly-qualified Biden judicial nominees.”