You *are* the sucker, Dick Durbin edition

It is sometimes said in defense of Dick Durbin’s maintenance of the blue slip rule that Republicans did not (completely) kill the rule when they were in charge of the Judiciary Committee. The very obvious answer is that Republicans had no reason to because Democrats frequently returned blue slips, a favor that needless to say is not being reciprocated:

The committee’s blue slip rule is not an official Senate rule. Instead, it’s a courtesy unique to the Judiciary Committee, where senators simply turn in a blue slip of paper signaling their support for giving a hearing to a judicial nominee from that senator’s state. If both of a nominee’s home-state senators turn in their blue slips, the nominee gets a hearing. If only one turns in a blue slip, or neither turns them in, the nominee doesn’t get a hearing.

Republicans haven’t been signing blue slips for many of Biden’s court picks, effectively tanking their nominations in the committee as Durbin continues to uphold the tradition. He doesn’t want to get rid of the courtesy ― at least, not yet ― so his response to the GOP’s obstruction has been to ask them to please turn in their blue slips repeatedly.

During a hearing last week, Durbin pointed out that Democratic senators had turned in 110 blue slips during the Trump administration. By contrast, Republicans have signed 17 blue slips so far in the Biden administration.

“I plead with my colleagues to make a good faith effort to sit down and see if they can reach an agreement with the White House on nominees,” he said to GOP senators.

HuffPost asked Durbin last month if he’s frustrated by Republicans not turning in blue slips for Biden’s court picks, effectively tanking their nominations.

“Of course I’m frustrated!” he said.

But asked if he’s frustrated enough to stop honoring the blue slip courtesy, Durbin said, “We’re not at that point yet.”

The new letter from progressive groups notes that in addition to Republicans blocking Biden’s judicial picks by withholding blue slips, some also refuse to work with the White House to pick nominees for vacancies in their states. Of the 45 current district court vacancies subject to GOP blue slips, 41 don’t have nominees in the queue.

And if that doesn’t work, he will have to ask Republicans nicely again!

You don’t exactly need to have a PhD in game theory to see what’s going on here — a Democratic minority will never be able to materially obstruct Republican judicial nominees again. The only question is whether Democrats want to be in the same position, or whether they want to continue to unilaterally disarm. There’s the only defensible choice, and then there’s whatever the hell Durbin was doing. I just wish that Harry Reid could come down from the Great Bellagio Suite in the Sky and shake some sense into him.