January 23, 2018 | Professor Barry P. McDonald is quoted in the recent article, “Trump despises the 9th Circuit Court of Appeals; why doesn’t he change it?” published in McClatchy D.C. The article addresses the Senate “blue-slip” tradition that allows U.S. senators to reject judicial nominees for their home state by refusing to return a positive blue slip to the Senate Judiciary Committee.
Excerpt from “Trump despises the 9th Circuit Court of Appeals”:
If Grassley abandons the blue-slip process, it would eliminate the incentive for Trump to consult with Democrats and could change the 9th Circuit for decades to come, said Barry McDonald, a law professor at Pepperdine University in California.
“He and his advisers have stated they are looking to appoint young, ideologically conservative judges, so they will be on the bench for a number of years,” said McDonald. “The more judges he’s able to appoint, the more of the mark they are going to leave on the law.”
Yet McDonald, who once clerked for Supreme Court Chief Justice William Rehnquist, said abandonment of bipartisan consultation will only add to partisan divides in the judicial system, resulting in more judges on the political fringes. “The blue slip plays a moderating role.”
The complete article is at www.mcclatchydc.com