It seems a new “get tough” attitude is taking hold among Senate Democrats this week, with Majority Leader Chuck Schumer ready to force his caucus’ hand on ending the filibuster for voting rights. Now Whip Dick Durbin, who is also Judiciary Committee chair, ending Republican games on judicial nominees.
On Wednesday, Durbin made good on his promise to Republicans that if they obstructed President Joe Biden’s circuit court nominees from their states, he would move without them. Up until now, the committee mostly has been churning through blue state vacancies, achieving a confirmation rate that’s unparalleled in recent history.
Now it’s time to start on the red and purple states, so that’s what Durbin did Wednesday, chairing a confirmation hearing for Andre Mathis, Biden’s pick for a seat on the U.S. Court of Appeals for the 6th Circuit, traditionally designated for a nominee from Tennessee. That state’s senators, Republicans Marsha Blackburn and Bill Hagerty, have refused to return their “blue slips,” the literal pieces of paper (blue, presumably) that signal a home state senator’s approval of a nominee.
Republicans started playing the blue slip games of refusing to provide that approval during the Obama administration while Democrats were in the majority. Because Democrats were still operating under the delusion that observing Senate traditions would be a thing that brought Republicans around to being serious about governing either through appreciation or shame, then-Chairman Patrick Leahy decided to respect their disrespect and refrain from moving forward on nominees that didn’t have Republican support.
Of course Republicans didn’t return that courtesy when they took the Senate and for the duration of the Trump administration. Packing the courts with Trump’s Federalist Society-stamped nominees was their priority so they could ensure that the circuits would send cases that would do things like overturn abortion rights or prohibit President Biden’s policy choices to the Trump-dominated Supreme Court.
Durbin noted that Wednesday, reminding Republicans that they approved 18 of Trump’s appeals courts nominees without Democratic “blue slips,” with 17 of them ultimately reaching the floor and getting confirmed. “We are about to enter a four-year—I don’t want to characterize or mischaracterize the situation—four years of trying to balance the books,” Durbin said.
“Republicans chose to abandon this Senatorial courtesy,” he said in his opening statement. “My colleagues across the aisle, I think, would be hard pressed now to demand that Democrats reinstate this practice. Simply put, there should not be one set of rules for Republican nominees … and a different set for Democratic nominees.”
Blackburn did not take it well. In fact, she went full-on racist with Mathis, who would be the first Black man from Tennessee to sit on the 6th Circuit. He has a “rap sheet,” Blackburn said to explain her reluctance. And by “rap sheet” she means three 10-year-old speeding tickets.
That made HuffPost’s Bendery remember the time last year when Blackburn got pulled over by U.S. Capitol Police when she was hurrying to catch a flight to start recess. “Blackburn then jumped out of the car, identified herself as a senator and showed the officer her congressional pin, according to a text message and a source familiar with the matter,” CNN reported. “The officer then let the car go.” Would that count as part of her rap sheet?
For the record, Mathis was greatly taken aback and apologetic over the issue. “I highly regret that I’m in this situation. I feel like I’ve embarrassed my family,” Mathis said. “And I truly regret that. While I deserve this, they don’t.” He explained he had forgotten about the speeding tickets and when he got notice that his license had been suspended, paid them quickly and got it reinstated.
To prove that Blackburn isn’t the only race-challenged Republican on the panel, Louisiana Republican John Kennedy then played the “my Black friend” card by relating that he has met Denzel Washington, and thinks he “is one of the five coolest people on the planet.” It was nominally relevant as both Mathis and Denzel have an interest in the Boys and Girls Club, the basis of Kennedy’s remarks. But it was a damned awkward stretch.
As far as the procedural issue of the blue slips goes, Kennedy acknowledged that Republicans had done exactly the same thing, but said Democrats should disarm and “call off the dogs” and find a “neutral way” to restore the courtesy. Yeah, right. “Perhaps we can agree that prospectively after the 2024 presidential election, there will be a rule,” Durbin said.
Sen. Sheldon Whitehouse added that a solution is worth exploring, but not one that means blue slips are honored when there’s a Democratic president and tossed when there’s a Republican one. “I think the damage that was done to this institution by the decision to remove the blue slip institution of this committee, the decision to end the blue slip, was very real,” Whitehouse said. “And now your side is feeling the pain of it, that we have felt for the past administration.”
On Wednesday, Durbin made good on his promise to Republicans that if they obstructed President Joe Biden’s circuit court nominees from their states, he would move without them. Up until now, the committee mostly has been churning through blue state vacancies, achieving a confirmation rate that’s unparalleled in recent history.
Now it’s time to start on the red and purple states, so that’s what Durbin did Wednesday, chairing a confirmation hearing for Andre Mathis, Biden’s pick for a seat on the U.S. Court of Appeals for the 6th Circuit, traditionally designated for a nominee from Tennessee. That state’s senators, Republicans Marsha Blackburn and Bill Hagerty, have refused to return their “blue slips,” the literal pieces of paper (blue, presumably) that signal a home state senator’s approval of a nominee.
Republicans started playing the blue slip games of refusing to provide that approval during the Obama administration while Democrats were in the majority. Because Democrats were still operating under the delusion that observing Senate traditions would be a thing that brought Republicans around to being serious about governing either through appreciation or shame, then-Chairman Patrick Leahy decided to respect their disrespect and refrain from moving forward on nominees that didn’t have Republican support.
Of course Republicans didn’t return that courtesy when they took the Senate and for the duration of the Trump administration. Packing the courts with Trump’s Federalist Society-stamped nominees was their priority so they could ensure that the circuits would send cases that would do things like overturn abortion rights or prohibit President Biden’s policy choices to the Trump-dominated Supreme Court.
Durbin noted that Wednesday, reminding Republicans that they approved 18 of Trump’s appeals courts nominees without Democratic “blue slips,” with 17 of them ultimately reaching the floor and getting confirmed. “We are about to enter a four-year—I don’t want to characterize or mischaracterize the situation—four years of trying to balance the books,” Durbin said.
“Republicans chose to abandon this Senatorial courtesy,” he said in his opening statement. “My colleagues across the aisle, I think, would be hard pressed now to demand that Democrats reinstate this practice. Simply put, there should not be one set of rules for Republican nominees … and a different set for Democratic nominees.”
Blackburn did not take it well. In fact, she went full-on racist with Mathis, who would be the first Black man from Tennessee to sit on the 6th Circuit. He has a “rap sheet,” Blackburn said to explain her reluctance. And by “rap sheet” she means three 10-year-old speeding tickets.
That made HuffPost’s Bendery remember the time last year when Blackburn got pulled over by U.S. Capitol Police when she was hurrying to catch a flight to start recess. “Blackburn then jumped out of the car, identified herself as a senator and showed the officer her congressional pin, according to a text message and a source familiar with the matter,” CNN reported. “The officer then let the car go.” Would that count as part of her rap sheet?
For the record, Mathis was greatly taken aback and apologetic over the issue. “I highly regret that I’m in this situation. I feel like I’ve embarrassed my family,” Mathis said. “And I truly regret that. While I deserve this, they don’t.” He explained he had forgotten about the speeding tickets and when he got notice that his license had been suspended, paid them quickly and got it reinstated.
To prove that Blackburn isn’t the only race-challenged Republican on the panel, Louisiana Republican John Kennedy then played the “my Black friend” card by relating that he has met Denzel Washington, and thinks he “is one of the five coolest people on the planet.” It was nominally relevant as both Mathis and Denzel have an interest in the Boys and Girls Club, the basis of Kennedy’s remarks. But it was a damned awkward stretch.
As far as the procedural issue of the blue slips goes, Kennedy acknowledged that Republicans had done exactly the same thing, but said Democrats should disarm and “call off the dogs” and find a “neutral way” to restore the courtesy. Yeah, right. “Perhaps we can agree that prospectively after the 2024 presidential election, there will be a rule,” Durbin said.
Sen. Sheldon Whitehouse added that a solution is worth exploring, but not one that means blue slips are honored when there’s a Democratic president and tossed when there’s a Republican one. “I think the damage that was done to this institution by the decision to remove the blue slip institution of this committee, the decision to end the blue slip, was very real,” Whitehouse said. “And now your side is feeling the pain of it, that we have felt for the past administration.”