The History of the Blue Slip in the Senate Committee on the Judiciary, 1917-Present

Summary

The blue-slip process had its genesis in the Senate tradition of senatorial courtesy. Under this

informal custom, the Senate would refuse to confirm a nomination unless the nominee had been

approved by the home-state Senators of the President's party. The Senate Committee on the

Judiciary created the blue slip (so called because of its color) out of this practice in the early 1900s.

Initially, the blue slip permitted Senators, regardless of party affiliation, to voice their opinion on a

President's nomination to a district court in their state or to a circuit court judgeship traditionally

appointed from their home state. Over the years, the blue slip has evolved into a tool used by

Senators to delay, and often times prevent, the confirmation of nominees they find objectionable.

The following six periods highlight the major changes that various chairmen of the Judiciary

Committee undertook in their blue-slip policy:

From 1917 through 1955: The blue-slip policy allowed home-state Senators

to state their objections but committee action to move forward on a nomination. If a Senator

objected to his/her home-state nominee, the committee would report the nominee adversely to the

Senate, where the contesting Senator would have the option of stating his/her objections to the

nominee before the Senate would vote on confirmation.

From 1956 through 1978: A single home-state Senator could stop all

committee action on a judicial nominee by either returning a negative blue slip or failing to return

a blue slip to the committee.

From 1979 to mid-1989: A home-state Senator's failure to return a blue slip

would not necessarily prevent committee action on a nominee.

From mid-1989 through June 5, 2001: In a public letter (1989) on the

committee's blue-slip policy, the chairman wrote that one negative blue slip would be "a significant

factor to be weighed" but would "not preclude consideration" of a nominee "unless the

Administration has not consulted with both home state Senators." The committee would take no

action, regardless of presidential consultation, if both home-state Senators returned negative blue

slips.

From June 6, 2001, to 2003: The chairman's blue-slip policy allowed

movement on a judicial nominee only if both home-state Senators returned positive blue slips to the

committee. If one home-state Senator returned a negative blue slip, no further action would be taken

on the nominee.

2003: A return of a negative blue slip by one or both home-state Senators does

not prevent the committee from moving forward with the nomination -- provided that the

Administration has engaged in pre-nomination consultation with both of the home-state

Senators.

The blue-slip process has been the subject of growing scholarly and legal debate; a selected list

of reading material is included at the end of this report.

This report will be updated to reflect future blue-slip policy developments.