Where Do Institutions Come From? Exploring the Origins of the Senate Blue Slip

Abstract

Perhaps the most striking feature of the Senate's practice of advice and consent today is the deference accorded home state senators in reviewing presidential appointments to the federal bench. Although the Constitution calls for the advice and consent of the Senate body, informal norms of the Senate provide home state senators with a potential veto of nominations to fill federal judgeships within their states. One norm—senatorial courtesy—historically ensured that senators would defer to the views of the home state senator from the president's party. Another practice—the Senate “blue slip”—allocates special procedural rights to both home state senators regardless of political party. A single objection from a home state senator from either party has historically been considered sufficient to defeat confirmation of a nominee. The blue slip also allows home state senators to influence the course of nominations prospectively—encouraging presidents to heed the preferences of home state senators in selecting new federal judges.