WASHINGTON (CN) — Senator Dick Durbin on Thursday defended his support for a procedural mechanism which critics have said allows lawmakers to obstruct the White House’s judicial agenda, arguing that such measures promote bipartisan consensus.
Durbin, who chairs the Senate Judiciary Committee tasked with approving federal judicial appointees, has long been a proponent of the procedural tool, known as blue slipping. Blue slips are traditionally submitted by lawmakers to signal support for nominees selected for court vacancies within their jurisdiction.
Critics of blue slipping argue the mechanism is prone to abuse, pointing out that lawmakers can hobble White House nominees by withholding support for appointments they disagree with.
Durbin pushed back on that view Thursday during a judiciary committee meeting, during which lawmakers advanced two circuit court nominees — Richard Federico of Kansas and Joshua Kolar of Indiana — who both had blue slip support from their Republican senators.
“I have been criticized by some for defending the right of my Republican colleagues to participate in selecting district court nominees from their home states,” the Illinois Democrat said, “but there are now 44 district court vacancies eligible to be filled in states with at least one Republican senator.”
Of those 44 vacancies, only four nominees have been announced, Durbin said, arguing that a bipartisan effort would be necessary to fill the remaining empty seats.
“If we are going to stick by the blue slip process, it needs to be bipartisan,” the lawmaker continued, urging both Democrats and Republicans to work with the White House on advancing its judicial nominees.
Durbin thanked Indiana Senators Todd Young and Mike Braun, as well as Kansas Senators Roger Marshall and Jerry Moran, for their help. “They have shown that members of both parties can come to the table, quickly fill judicial seats and ensure swift access to justice,” he said.
This cross-aisle cooperation comes after Federico, nominated to the 10th Circuit, and Kolar, tapped by the White House to fill a vacancy on the Seventh Circuit, faced sharp questioning from some GOP lawmakers during a Sept. 6 confirmation hearing.
Louisiana Senator John Kennedy repeatedly asked the nominees for their personal opinions on issues such as race and affirmative action — inquiries that earned a tough rebuke from committee Democrats. Lawmakers also took aim at the jurists’ records, accusing them of being too lenient with defendants.
Despite that, both Federico and Kolar cleared the judiciary committee Thursday on a bipartisan basis.
Carl Tobias, chair of the University of Richmond School of Law, said the advancements showed “strong” bipartisan cooperation and noted Durbin’s plea to his colleagues for more cross-aisle support.
“It was quick and amicable,” he said.
The panel also voted to approve Jeffrey Bryan, the administration’s nominee for the District of Minnesota, and Deborah Robinson, President Biden’s pick to oversee intellectual property enforcement in the Executive Office of the President.
Meanwhile, Vermont Senator Pete Welch spoke out against proposed spending cuts for the federal public defender’s office, using nominee Federico’s past work as a public defense attorney as a springboard for the subject.
A pair of appropriations bills passed by both the House and Senate over the summer suggested funding the U.S. public defender’s office at a figure around $150 million less than requested for the 2024 fiscal year. The U.S. Judicial Conference warned Congress in August that such shortfalls would force the office to lay off as much as 12% of its workforce.
“My hope is that all of my colleagues will join in opposing those cuts so we can maintain the commitment in the judicial system to vigorous advocacy on both sides, prosecutors and defense,” Welch said.
The Senate is currently working down a massive backlog of judicial appointments awaiting approval, thanks in part to delayed floor votes and the slow pace of nominees coming from the White House. The Biden administration has so far confirmed close to 150 federal judges since the president took office, around half as many appointed under former President Donald Trump.
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