Wait, Hewitt's arguing that the framers' *intent* is divinable and should guide Grassley here? There are still original-intent originalists?
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For me it's not an issue of original intent vs. public meaning, it's just a bad policy that's not constitutionally required (so junk it).
End of conversation
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Agreed. Blue slips = cronyism. Judges should be the best of the profession, not just people with connections ($$$) to home state Senators.
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Finally, the Senate either issues its consent by acclamation or the nominee is rejected.
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Then the President sends a nominee to the Senate which he, in good faith, believes follows that advice...
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The way I read "advice and consent" is that the Senate proposes requirements or nominees to the President, by acclamation, as advice...
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The "blue slip" practice and the majority vote both run afoul of the Republican principle of consensus, as does the neglect of "advice"...
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Being anti-Democratic is, in my Republican view, a point in favor of a practice. In this case, there are deeper issues at play...
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Boxer controls judges only to extent Congress & the people allow her to control them. For the real control see $$.
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Would blue slips really be "anathema to the framers" especially if viewed as a procedure for state input- not a veto?
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