Historically, senators from the state where a federal judiciary nominee lives may submit opinions, known as “blue slips,” or choose not to return them.
Eric D. Miller speaks at his confirmation hearing before the Senate Judiciary Committee, held with just two members present, on Oct. 24, 2018, in Washington, D.C.
Miller was confirmed on Tuesday on a 53-46 vote, allowing Trump to continue to move toward a more conservative federal judiciary, one of his key campaign promises. In July, Oregonian Ryan Bound’s nomination to the 9th Circuit proved equally controversial. Neither of his home-state senators — Ron Wyden and Jeff Merkley, both Democrats — returned a slip in support of the Oregon assistant United States attorney.
“Confirmation is a political decision based on who controls the Senate,” McConnell told hundreds of conservative and libertarian attorneys at a November Federalist Society gathering. “My goal is to confirm as many circuit judges as possible.”
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