1 00:00:00,040 --> 00:00:02,719 Speaker 1: Now it's time for our daily Bloomberg Law Brief, exploring 2 00:00:02,800 --> 00:00:05,280 Speaker 1: legal issues in the news, and today Bloomberg Law host 3 00:00:05,360 --> 00:00:08,960 Speaker 1: Doing Grosso and Greg Sture discuss how President Donald Trump's 4 00:00:09,000 --> 00:00:12,800 Speaker 1: judicial nominees are ignoring the so called the blue slip process, 5 00:00:13,119 --> 00:00:16,160 Speaker 1: which involves senators from a nominee states submitting a favorable 6 00:00:16,239 --> 00:00:20,480 Speaker 1: or unfavorable opinion of a nominee. You speak with Carrie Severino, 7 00:00:20,680 --> 00:00:24,680 Speaker 1: chief council at the Judicial Crisis Network, and Caroline Frederickson, 8 00:00:24,760 --> 00:00:30,360 Speaker 1: President of American Constitution Society for Law and Policy carry 9 00:00:30,440 --> 00:00:33,239 Speaker 1: As far as the blue slip process, I'd like you 10 00:00:33,280 --> 00:00:36,360 Speaker 1: to explain it and whether it is supposed to be 11 00:00:36,520 --> 00:00:40,440 Speaker 1: used for home state senators who don't approve of the 12 00:00:40,520 --> 00:00:43,680 Speaker 1: judicial nominee before them. So, the blue slip process isn't 13 00:00:43,680 --> 00:00:46,600 Speaker 1: the Senate rule or any any make a laid down rule. 14 00:00:46,640 --> 00:00:50,040 Speaker 1: It's a practice of senatorial courtesy that goes back about 15 00:00:50,040 --> 00:00:52,479 Speaker 1: a hundred years and really under every judiciary committee has 16 00:00:52,479 --> 00:00:55,280 Speaker 1: had a different process for most of its history. Um, 17 00:00:55,320 --> 00:00:58,279 Speaker 1: and I think that's what as it described now. It 18 00:00:58,360 --> 00:01:01,160 Speaker 1: doesn't mean an absolute blow on a nominee where the 19 00:01:01,160 --> 00:01:04,600 Speaker 1: blue slip has not been returned or even where negative 20 00:01:04,600 --> 00:01:07,120 Speaker 1: blue slip has been returned from that home state senator. 21 00:01:07,680 --> 00:01:10,559 Speaker 1: And that's what Democrats seemed to be asking at this point. 22 00:01:10,560 --> 00:01:14,240 Speaker 1: But that's that's simply not historical for what has been happening. However, 23 00:01:14,560 --> 00:01:16,920 Speaker 1: at this point, we haven't had anyone moved forward that 24 00:01:16,959 --> 00:01:20,479 Speaker 1: didn't have a blue slip returns. We have had Democrats 25 00:01:20,760 --> 00:01:22,920 Speaker 1: holding up trying to hold up nominee saying, oh, we 26 00:01:23,000 --> 00:01:26,199 Speaker 1: need time to look at these nominees, um a length 27 00:01:26,200 --> 00:01:28,480 Speaker 1: of time that I would describe as unreasonable when these 28 00:01:28,480 --> 00:01:31,000 Speaker 1: are people who are well known in their home states. 29 00:01:31,040 --> 00:01:34,039 Speaker 1: The ideas these senators should know their states well. Historically 30 00:01:34,040 --> 00:01:36,720 Speaker 1: it was more common they give them seven days to 31 00:01:36,760 --> 00:01:39,839 Speaker 1: return their blue slips. Now senators are asking for extended 32 00:01:39,880 --> 00:01:41,640 Speaker 1: periods of time, and it's really just a matter of 33 00:01:41,640 --> 00:01:44,360 Speaker 1: foot dragging, as we've seen the Democrats doing with confirming 34 00:01:44,560 --> 00:01:47,600 Speaker 1: the Trump nominees from the cabinet. On doubts, are Democrats 35 00:01:47,720 --> 00:01:50,880 Speaker 1: really doing anything that Republicans didn't do when the shoe 36 00:01:50,920 --> 00:01:52,920 Speaker 1: was on the other foot in Barack Obama was in 37 00:01:52,960 --> 00:01:55,520 Speaker 1: the White House. Well, we've been talking about the blue 38 00:01:55,520 --> 00:01:57,960 Speaker 1: slips up until now, but I think a real significant 39 00:01:58,000 --> 00:02:00,200 Speaker 1: point that is a big contrast is the way they've 40 00:02:00,320 --> 00:02:03,680 Speaker 1: used just Senate procedure to require extensive amounts of debate 41 00:02:04,160 --> 00:02:06,840 Speaker 1: for all these nominees. You even have David n I, 42 00:02:06,920 --> 00:02:09,680 Speaker 1: who was a nominee, who was a former Obama nominee, 43 00:02:09,960 --> 00:02:12,920 Speaker 1: who had unanimous support in the Senate a hundred votes, 44 00:02:13,160 --> 00:02:16,720 Speaker 1: who they required that the Republican Senators to go through cloture, 45 00:02:17,040 --> 00:02:20,320 Speaker 1: required them to spend thirty hours of debate allocated to 46 00:02:20,360 --> 00:02:23,360 Speaker 1: his nominations. These are nominees who would have absolutely been 47 00:02:23,400 --> 00:02:26,600 Speaker 1: confirmed by a voice vote by unanimous consent in any 48 00:02:26,639 --> 00:02:31,360 Speaker 1: other type of administration. As Caroline Frederickson, President of American 49 00:02:31,440 --> 00:02:35,520 Speaker 1: Constitution Society for Law and Policy, and Carry Severino, Chief 50 00:02:35,560 --> 00:02:39,640 Speaker 1: Council at the Judicial Crisis Network, speaking with Bloomberg Lawhusding 51 00:02:39,639 --> 00:02:42,240 Speaker 1: Grosso and Greg Store. You can listen to Bloomberg Law 52 00:02:42,240 --> 00:02:44,640 Speaker 1: Wait Days at one pm Wall Street Time here on 53 00:02:44,680 --> 00:02:48,160 Speaker 1: Bloomberg Radio and among the top legal stories from Bloomberg Law. 54 00:02:48,280 --> 00:02:51,840 Speaker 1: Former Oberg CEO Travis Calinic doesn't want to go to court. 55 00:02:52,320 --> 00:02:55,280 Speaker 1: Klink says an attempt by venture capital firm Benchmark to 56 00:02:55,360 --> 00:02:59,440 Speaker 1: whoust him from Uber's board should be heard in private arbitration. 57 00:02:59,760 --> 00:03:02,799 Speaker 1: Been Mark is suing Calink for fraud. Forcing the suit 58 00:03:02,840 --> 00:03:06,400 Speaker 1: into arbitration would likely keep details of the claims out 59 00:03:06,440 --> 00:03:10,239 Speaker 1: of the public spotlight. And that's this morning's Bloomberg Law Brief. 60 00:03:10,240 --> 00:03:12,560 Speaker 1: You can find more legal news at Bloomberg law dot 61 00:03:12,600 --> 00:03:16,399 Speaker 1: com and Bloomberg BNA dot com. Attorneys will fund exceptional 62 00:03:16,480 --> 00:03:19,639 Speaker 1: legal research and business development tools there as well. Visit 63 00:03:19,720 --> 00:03:22,680 Speaker 1: Bloomberg law dot com and Bloomberg BNA dot com for 64 00:03:22,800 --> 00:03:23,840 Speaker 1: more information.