Opinion | Biden Backs Off Anti-Abortion Judicial Nominee—Because GOP Senator Objects

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The Biden White House changed its mind about nominating an anti-abortion judge to a federal court—but not because of progressives' objections.

The tradition that gives senators a veto over judicial nominations in their states has its roots in the segregated South.that"blue slips were invented by Mississippi Senator James Eastland … to give segregationist senators a tool for blocking judges who would enforce desegregation. They are literally a Jim Crow idea." Mystal notes that when Trump was in office, Republican senators abandoned the blue slip rule for appellate court judges.

When Democrats took over the U.S. Senate after Georgia's 2020-2021 special election, they continued to honor the blue slip rule for lower court nominees. This has left Republican senators in Southern states with a veto over nominations to trial court judgeships — and a judiciary with a vacancy crisis. More thanDozens of progressive organizations recently called on the White House toof filling vacancies.

Biden has nominated a demographically diverse slate of judges — including former public defenders — to courts around the country, but he hasn't nominated many of those judges in the South. The exceptions are in Virginia and Georgia, which are the only Southern states with Democratic senators. Civil rights lawyer Nancy Abudu, who has worked to defend voting rights and abortion access,

 

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