HMM: Despite Filibuster Limits, a Door Remains Open to Block Judge Nominees. “Twelve more appeals court seats are either vacant or will be by the end of 2014. All but one are in states with at least one Republican senator. As a result, Mr. Obama still lacks unrestricted power to swiftly appoint a flurry of more clearly left-of-center judges than he has done to date, despite the fears of conservatives and the hopes of liberals, specialists said. . . . In particular, the blue slip rule could come under additional scrutiny. Under the prerogative, both home-state senators must sign off on a blue slip allowing a confirmation hearing for a nominee. Facing that obstacle, presidents generally do not make nominations without such senators’ consent.” Democrats, though, may not go along with changing the blue slip rule since it would limit their own power and patronage. But the nuclear option was mostly about packing the D.C. Circuit in order to protect K street power and patronage. So the other appointments may not matter as much to Harry Reid, et al., anyway.
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