National Defense Authorization Act for Fiscal Year 2026

Floor Speech

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Mr. WHITEHOUSE. Mr. President, I just want to supplement the distinguished chairman's remarks with one observation for the benefit of all of my colleagues, and that is that, not long ago, when circuit court nominees were brought forward, they had cleared the Senate blue- slip process because each circuit court seat was associated with a State, except for DC. But, normally, a DC Circuit Court seat was associated with a State, and the Senators from that State had the ability to recommend a nominee to the President.

The Republicans on the Judiciary Committee undid that--what we call the blue-slip rule--for circuit courts. So Senators lost that power.

When we were in the majority, when President Biden was there, there were strident objections when we applied the same standard to circuit court nominees that the Republicans had applied when they broke the blue slip.

With this nomination, we are taking it the next step further. Now, not only are the Senators from the home State not consulted, but in this case, the candidate has almost no relationship with Delaware, the State with which this seat is associated.

She has a summer house there. She has never had a driver's license. She has never had a fishing license. She has never been an income taxpayer. She has never been registered to vote. She has never been a member of the bar. She only recently joined the Third Circuit bar.

She is being airdropped into this seat.

So just be aware that, in the future, when the shoe is on the other foot and people here would like to make sure that their home State is honored and recognized as being the State with which a circuit court seat is associated, that may very well not happen any longer. And we will look back to this minute as the minute that destroyed that tradition.

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