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| What Trump has done to the courts | Login/Join |
Has Achieved Nirvana |
Probably more accurate to say "What McConnell has done to the courts". https://www.vox.com/policy-and...court-federal-judges
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Has Achieved Nirvana |
I don’t understand why the Eastland rule was such a constraint. Just pick a nominee from a blue state. What am I missing?
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| Has Achieved Nirvana |
I didn't think the state the nominee comes from is the issue. It's the state where the court is located/assigned.
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Has Achieved Nirvana |
It has always been the case that the courts have been a major hindrance to Republican administrations. McConnell is just the first to weaponize the judicial nomination process. | |||
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| Has Achieved Nirvana |
Odd. Every source I find on the internet says it’s home state senators of the nominee. Including the senate judiciary committee and the Washington Post.
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| Has Achieved Nirvana |
I hear what you are saying, and there are a lot of sources that say it's the state of residence. However.... Here's a 2014 press release from Leahy.
https://www.leahy.senate.gov/p...nd-consent-a-reality 
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Minor Deity |
I think Biden and Kennedy did that with Bork. jf
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| Has Achieved Nirvana |
Were you looking at this, or something else? https://www.judiciary.senate.gov/nominations/blueslip (edit: Not trying to be obnoxious, just really want to be sure I have the right definition...)
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| Has Achieved Nirvana |
I did see that one, but dozens more too. Go to the NYT and search “blue slip”. Other than ‘Blue Jays slip past the..’, every reference is about this tradition and literally all of them define it as home state of the nominee. Some in detai. This one names the senators from Oregon as the holders of power over the Oregonian nominee to the SF courts.
Other examples are 20 years old, well predating this controversy. I gotta conclude that the Vox guy is the outlier. Which would be a little embarrassing for them since he built so much of his story around it.
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| Has Achieved Nirvana |
Here’s Diane Feinstein talking about it in detail, and quoting a letter from the Republican caucus from 2009. Both are unambiguously describing it as home state of the nominee. https://www.feinstein.senate.g...D4-9D6A-E3CA85D64FB6 Surely Feinstein would know if she had traditionally had veto power over the whole 9th circuit!
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| Has Achieved Nirvana |
Here’s the blog of the historian at the National Archives, writing in 2003: https://prologue.blogs.archive...senatorial-courtesy/ Here’s Wikipedia: https://en.wikipedia.org/wiki/Blue_slip All talk about home state of candidate.
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| Has Achieved Nirvana |
The only way both sides of this could be sorta correct is if the practice was different for district courts than for circuit courts, but then you’d think at least one source of the dozens we’ve read would have made the distinction.
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| Has Achieved Nirvana |
For purposes of emergency stays, the Supreme Court divides jurisdiction among the Justices, so each Justice oversees a different circuit. https://www.scotusblog.com/201...circuit-assignments/ I do not know if the same practice applies in the Courts of Appeals (that different justices oversee particular district courts). | |||
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| Has Achieved Nirvana |
The Vox guy is Ian Milheiser; I saw him on Fareed last weekend where they talked about this.
I see the problem....he went to Kenyon and Duke.....  Seriously though, it seems more logical to me that senators' interest would be with with the *courts* located in their state rather than the nominees who might happen to *live* in their state. From the National Archives blog:
As jon pointed out though, many sources make it sound like both interpretations have been applied. I still don't know what to think except that the Eastland Rule isn't really a rule but something that seems to be a somewhat mushy tradition that people have interpreted/applied in various ways since the beginning of the republic.
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| Has Achieved Nirvana |
It could also be that district judges were traditionally picked from local attorneys or state courts so it amounted to the same thing, that could have led to sloppy descriptions of the process at times. But I think the origin was that the senator from the home state of the nominee would more likely know the person or his reputation. Especially back in the day this tradition started.
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