Black Caucus Fights Judicial Nominations Process

The Congressional Black Caucus (CBC) ratcheted up its disagreement with the Senate Judiciary Committee over the "blue slip" process, indicating opposition to two judicial nominees being considered, Politico reported.

The voting bloc sent a letter Tuesday to Senate Judiciary Chair Dick Durbin, D-Ill., saying it will oppose the nominees unless Durbin makes several changes to the Senate tradition that effectively grants home-state senators veto power over judicial nominees.

"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," Black Caucus Chair Rep. Steven Horsford, D-Nev., wrote in the letter.

Horsford said the Black Caucus will oppose the nominees unless Durbin chooses to "act boldly" to make the following procedural changes:

• Get rid of blue slips for U.S. marshal and U.S. attorney nominees.
• Require only one blue slip to be returned for other judicial nominees.
• Require senators to state their reasons for a blue slip to make sure it's not due to discrimination.
• Create a process to consult CBC members with a jurisdictional interest in the nomination on the process.

Although they have praised Durbin for his attempts to get diverse nominees through, Black Caucus members have recently become increasingly frustrated with the judicial nominations process, Politico reported.

Black Caucus members have emphasized that their concerns are usually not about the nominees or their credentials, but about the potential real-life impacts of judges' rulings.

This is particularly a concern among Black Caucus members from blue districts in red states who have complained about the need to secure backing from conservative senators to get judges confirmed — and the impact of conservative rulings on Black communities.

"Courts matter and judges can serve as a counterweight to the increasingly partisan judiciary, protecting the rights of historically excluded communities and individuals, affirming democratic principles, and centering racial equity in each decision by applying the Constitutional principles of fairness and equality," Horsford wrote.

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