Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) is warning his colleagues that he will shine a light on any of them who try to hold up a nominee of President Barack Obama.
Leahy, speaking on the Senate floor today, criticized the use of anonymous “holds” and other tactics that allow a senator to delay a nomination without revealing that he or she is the one doing so. Any senator for any reason can place a hold on a nominee and thereby prevent the formal debate and vote from being scheduled.
“Today, however, there will be no more secret and anonymous Republican holds. Any effort to oppose the President’s nominees — executive or judicial — will have to withstand public scrutiny. There will be no more anonymous holds,” Leahy said in his prepared remarks.
His stance could have the effect of speeding up some of Obama’s nominees, including those for the Department of Justice who have faced procedural delays. David Ogden, the nominee for deputy attorney general, is expected to be confirmed Thursday, more than two months after Obama designated him as the Justice Department’s No. 2 official.
But it’s also likely to draw complaints from Republicans, who on some procedural issues have accused Leahy of reversing positions he took during the Bush administration. Last week, Senate Republicans — who championed up-or-down votes during the Bush administration — sent a letter to Obama advising that they are prepared to block votes on nominees when they see fit.
There are several methods that Leahy could use to try to identify publicly a senator who delays a nominee. He could make a request on the Senate floor to consider the nomination, possibly forcing a voice objection by a senator who placed a hold.
He could also name a senator who — under what’s known as the “blue slip” tradition — has not given consent to consider a nominee from the senator’s home state.
In the face of a possible filibuster, Democrats could move to cut off debate, as Senate Majority Leader Harry Reid (D-Nev.) did Monday with Ogden’s nomination, but doing so requires lengthy procedures and at least 60 votes in favor.
The blue slip tradition dates to 1917, and some chairmen have followed it more closely than others. “In the time I have been privileged to serve as chairman of this committee, I have always used the same fair and open practices to protect the rights of every member, Democratic or Republican. I intend to continue using the same practices in this Congress in considering the nominees of President Obama,” Leahy said last week, in an allusion to blue slips first noted Wednesday by Congressional Quarterly.
UPDATE (5:43 p.m.): To clarify, Leahy would not be creating a new policy by naming senators who delay a nomination using a blue slip. Citing transparency, he did so while he was chairman during the Bush administration, his office says.
Senator Leahy needs to go the way of the Whigs. His good mind left him a long time ago. He's a buffoon and runs totally counter to mainstream judicial thought in the United States.
Posted by: Steve | March 13, 2009 at 04:50 PM