CBC threatens to oppose Biden’s judicial nominees unless veto rules are altered.

The Congressional Black Caucus Takes a Stand on Judicial Nominations

The Congressional Black Caucus has made it clear that they will not support two of President Joe Biden’s judicial nominations unless changes are made to the Senate Judiciary Committee’s “blue slip” process. This process grants home-state senators the power to veto nominees.

“We demand bold action,” the powerful voting bloc stated in a letter to Senate Judiciary Committee Chairman Dick Durbin (D-IL). They outlined four specific demands that must be met before they will consider supporting the nominees for the Eastern and Western Districts of Louisiana.

This stance could pose a challenge for the Biden administration, as Democrats have faced numerous obstacles in getting their judicial picks confirmed by the Senate. Earlier this year, the prolonged absence of Sen. Dianne Feinstein (D-CA) caused delays and complications.

One of the Congressional Black Caucus’s demands is to waive the blue slip process for U.S. attorneys and U.S. marshals. Currently, senators have the authority to veto judicial nominees from their home state through the blue slip tradition.

Under this tradition, home-state senators receive a blue slip and can either support, oppose, or not return it at all. However, the blue slip process is not mandatory according to the Constitution. Its impact on a nominee’s confirmation depends on the rules set by the chair of the Senate Judiciary Committee, in this case, Durbin.

As the committee chairman, Durbin requires blue slips from both home-state senators for a nominee to receive a hearing, following a long-standing tradition.

The Congressional Black Caucus is calling for a change in the rules, requesting that only one blue slip from a home-state senator be required for judicial nominees. If a senator refuses to submit a blue slip, they must provide an explanation for their objection to the nominee.

Additionally, the caucus is asking for a process where senators can discuss nominations with members from the relevant jurisdiction. They argue that the blue slip process can be misused as a political tool and undermines efforts to diversify the judiciary and establish fair courts with ideological balance.

“The continued misuse of the arcane Blue Slip as a tool for procedural obstruction and the failure to meaningfully engage CBC Members who have a jurisdictionally vested interest in nominations will undermine our joint endeavor to make a dramatic mark on the judiciary,” wrote Congressional Black Caucus Chairman Steven Horsford (D-NV).

While the caucus commends Durbin and the Democrats for their efforts to diversify judicial nominees, they express frustration with the nomination process. If the Senate Judiciary Committee does not meet their demands, the Black Caucus members will continue to oppose the appointments of Brandon S. Long for the Eastern District of Louisiana and Jerry Edwards Jr. for the Western District of Louisiana.

In June, the caucus raised concerns about not being properly consulted on the nominees, although they did not express any specific concerns about the nominees themselves at that time. They were worried that the White House’s focus on winning the support of home-state GOP senators was prioritized over considering the nominees’ ideologies and experience.

If Senate Democrats do not agree to change the blue slip process, it could strain the relationship between the Biden administration and the Black Caucus. This could have negative implications for the president’s agenda and his reelection campaign in 2024.

Durbin addressed the concerns raised by the caucus members regarding the nominees during a Wednesday hearing but did not comment on whether the blue slip process would be examined.

“I understand the Congressional Black Caucus has raised concerns about White House consultations with Congressman Troy Carter regarding the two Louisiana nominees on today’s panel,” Durbin stated. “I do not know the details of these consultations, but I hope any concerns can be resolved as we move forward.”

Durbin also highlighted the significance of having the first person of color serve on the federal bench in the Western District of Louisiana, emphasizing the importance of recognizing this historic milestone and the qualifications of all the nominees.

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