Colorado’s Democratic senator, Michael Bennet, returned his blue slip for Colorado Supreme Court Justice Allison Eid to fill the vacant seat on the 10th Circuit Court of Appeals.
Bennet’s office confirmed that he gave his nod of approval for Eid’s move to the federal circuit court, though without a glowing endorsement.
“The blue slip has been submitted, but that’s not a sign of support,” a spokesperson for Bennet said. “He hasn’t weighed in, but she meets the minimum requirements for the position.”
The blue slip process is a tradition for senators to sign off on federal judicial nominations from their state before the Senate Judiciary Committee moves forward with the confirmation process. Blue slips are not required for the confirmation to proceed, and some Democratic senators have vocalized their decision not to return blue slips for nominees in order to either obstruct their appointment or force the confirmation without their endorsement.
If confirmed, Eid would fill the position on the 10th Circuit left vacant by now-Supreme Court Justice Neil Gorsuch. She was nominated June 7.
Bennet was outspoken about the Republican obstruction of President Obama’s nomination of Merrick Garland to the U.S. Supreme Court and repeatedly said it was the Senate’s duty to give a hearing to a nomination. Bennet repeatedly cited the Constitution’s vacancy clause, stating that the Senate shall “advise and consent” to a presidential selection.
He also maintained that position by speaking on the Senate floor and advising Senate Democrats not to force the nuclear option for Gorsuch by filibustering his appointment. He voted no on Gorsuch’s confirmation but did uphold tradition by introducing Gorsuch to the Senate Judiciary Committee for his confirmation hearing.
A confirmation hearing for Eid before the Senate Judiciary Committee is not yet set.
While Eid’s confirmation would fill the vacant seat on the 10th Circuit with another conservative judge, the move would create a vacancy on the Colorado Supreme Court bench, which would likely be filled with an appointment by Gov. John Hickenlooper.