Constitutional Law

The Wrap on CapHill

Senate Tradition Questioned for Judicial Nominees

Since at least 1917, federal judicial nominees have faced the obstacles of "blue slips," an informal way for senators to effectively veto judges from their home state. Traditionally, the Senate Judiciary Committee chair would defer to senators from a nominees home state, who could withhold the "blue slip," or approval of a nominee, for any reason whatsoever.

With four vacancies on the 15-judge 4th Circuit Court of Appeals, Judiciary Chair Patrick Leahy (D-Vt.) confirmed rumors that he is discussing what deference is due to the "blue slip" tradition with the committee's ranking Republican Sen. Arlen Specter (R-Pa.) The five States composing the historically conservative 4th Circuit are represented by only three Republican Senators currently: Sen. Richard Burr (R-N.C.), Sen. Jim DeMint (R-S.C.) and Sen. Lindsey Graham (R-S.C.)

"Libel Tourism" No Walk in the Park

Members of the House Judiciary Subcommittee on Commercial and Administrative Law have met to address "libel tourism," a form of venue-shopping where plaintiffs sue authors and journalists in countries with lesser protections for freedom of speech.

One author who testified before the subcommittee, Rachel Ehrenfeld, was sued in the United Kingdom after writing a book on financing terrorism. 23 copies of her book were purchased in the U.K., where there is no standard approaching the American "actual malice" requirement. The plaintiff, a Saudi billionaire named in the book, won $225,000 against Ehrenfeld.

Here Karl, Karl, Karl, Karl

In the latest chapter in a long love affair, Rep. and House Judiciary Chair John Conyers, Jr. (D-Mi.) has issued another subpoena for Karl Rove. Rove is being subpoenaed to appear before Conyers's committee for a Feb. 23 deposition regarding alleged politicization of the Justice Department under President Bush.

Conyers wrote to Rove's lawyer, "Like every citizen subject to compulsory process, I believe it is Mr. Rover's obligation to appear in response to the subpoena and answer the questions he is asked or assert a valid legal privilege in resopnse to individual questions." Particularly interested in any role Rove played in the 2006 firing of U.S. attorneys among other subjects, Conyers postponed a previous deposition at Rove's request. Conyers has refused to grant a similar request this time.

Rove has refused to answer questions about the firings of U.S. attorneys during the Bush administration in light of President Bush's related assertion of executive privilege.

Full post as published by ACS Blog on February 13, 2009 (boomark / email).