Senate Recess Toolkit for Advocates The Senate recess is a great time for advocates who care about our courts to connect with homestate senators. Two issues are key right now: the trend of extreme, ultraconservative ideology and lack of qualifications that have been so prevalent among Trump s nominees, and the efforts by GOP leadership in the Senate to destroy the blue-slip tradition for judicial nominations, advancing nominees over the objection of home-state senators. Among Trump s nominees now serving lifetime tenures on the federal bench are judges with records that show hostility to the rights of women, LGBTQ people, people of color, immigrants, and workers. Many are hostile to common-sense health and safety regulations that protect the air we breathe and the water we drink, ensure safe products for consumers and provide protections from workplace hazards for employees. It s important to be informed about these disturbing characteristics of nominees who could use the power of federal courts to curtail hard-won rights for millions of people. For more information about these nominees and their records, check out Alliance for Justice s Judicial Nominee reports at afj.org. For more information about blue slips and why it s so important to let your senators know you care about them, keep reading! You ll also find tips on how to make the most of this recess opportunity to stand up for blue slips and show your senators you want judicial nominees who will uphold rights for all of us, not just the wealthy and powerful. This toolkit contains the following sections: Action Schedule: field and grassroots aciton plan for this recess Talking points: why courts matter Talking points: why blue slips matter Contacting your senator: tips and sample call script Meeting with your senator: tips and suggested meeting order and Writing a letter to the editor: tips and sample letter to the editor Sending an action alert: tips and sample action alert Taking action on social media: tips and sample social media Other resources
Grassroots Action Plan Week of March 19 Senate is in House is out on March 23 Week of March 26 Congressional Recess Week One of Two Week of April 2 Congressional Recess Week Two of Two Week of April 9 Senate is in House is out on Monday State-Based Leader Alert following/constituency about upcoming recess and activity. Plan upcoming Senate and House visits on the issue Plan potential teach-in or educational event on the courts. In groups of 3-5, visit local Senate offices In groups of 3-5, visit local House offices of sympathetic members who can speak out on problematic nominations Visit fundraisers, speaking to donors about the importance of the judicial nominations. In groups of 3-5, visit local Senate offices In groups of 3-5, visit local House offices of sympathetic members who can speak out on problematic nominations Visit fundraisers, speaking to donors about the importance of the judicial nominations. Write OpEds and posts to make clear that senators are back in Washington and should vote no on nominations Leaders should seek radio and television interviews and spots to share information related to nominations Grassroots Action Taker Push action takers to call senators and tell them to not vote on nominees who are up (Duncan, etc) Visit Senate town halls, urge no vote on upcoming Circuit Court and District Court nominations Visit House town halls, urge House members to speak out on problematic nominees. Visit Senate town halls, urge no vote on upcoming Circuit Court and District Court nominations Visit House town halls, urge House members to speak out on problematic nominees. Action takers send letter to their senators on nominees who are up
Courts matter Our courts are a key line of defense against President Trump s radical agenda. Lower courts uphold critical legal rights and protections for all of us. Every day, they decide cases on issues that affect nearly every aspect of our lives. Now more than ever, federal courts are a vital defense against Trump s dangerous agenda. In recent months federal courts blocked Trump s travel ban, stood up for our sanctuary cities, rejected Trump s ban on transgender people serving in the military, and protected the Dreamers. The Supreme Court only hears about 80 cases a year - so lower courts make the final decision on thousands of cases that will define and protect our constitutional rights for generations. Right now, there are over 130 vacant federal court seats that come with lifetime appointments. These appointments will shape our justice system for decades, long after the current administration is over. Each senator gets a voice on judicial nominations. Senators have a constitutional responsibility to scrutinize the record of every judicial nominee, and should reject those they find to be unqualified. Judges are confirmed by majority vote in the Senate, meaning every senator has a voice in each nomination. Nominees home-state senators play an even bigger role. Traditionally, the White House consults them before naming a nominee, and the Senate Judiciary Committee does not move forward with a hearing until both senators indicate approval by returning a blue slip. The Trump Administration has dismissed home-state senators roles for many nominees, and Sen. Grassley is now trampling over 100 years of tradition, moving nominees forward without both senators blue slips. Why blue slips matter The Senate blue slip is the paperwork home-state senators use to signal whether they want a federal judicial nominee from their state to advance to the hearing and confirmation stage. For over 100 years since 1917 - the blue slip has been an essential component of the checks and balances that limit the power of the president and the majority party in Congress. When the same party controls the presidency and both houses of Congress, Senate debate and bipartisan consultation are the only ways to protect the individual rights of ordinary citizens from being trampled. Eliminating the blue slip will dramatically upset the balance necessary to ensure fair courts in this country. Eliminating the blue slip means more extremists will be nominated and confirmed to the federal bench. The American public wants the Senate to make fully informed and independent decisions about who serves in the federal judiciary, a co-equal branch of government. Unlike executive appointments that end with an administration, federal judges serve for life, and the Senate s decision to confirm them is practically irreversible even when new information casts serious doubt on a judge s fitness to serve. By denying home-state senators an opportunity to weigh in on nominees from their states, President Trump and the GOP-led Senate are going out of their way to run roughshod over the rights of senators and the constituents who elected them.
Disregard of the blue slip tradition is just the latest in a series of steps Senate GOP leaders have taken to destroy checks and balances and rubber-stamp President Trump s judicial nominees without enough time for Senators and the public to review their records. GOP leaders have stacked hearings and votes with multiple controversial nominees, sidestepped state nominating commissions, and avoided meaningful consultation with home-state senators. From department heads forced to resign over financial conflicts, to a senior White House official whose deeply troubling history of domestic abuse was ignored for too long, it is clear this White House has a vetting problem and a judgement problem. The responsibility for this lies with individuals including White House counsel Don McGahn and DOJ official Brett Talley, whose own judicial nomination was sidelined due to his lack of qualifications and failure to disclose a potential conflict of interest with his wife s White House employment. Now is not the time for the Senate to roll over and rubber-stamp the president s nominees to lifetime judicial appointments without thorough review. Americans expect their elected officials to actually work and represent them in Congress. The way to crawl back from a 20 percent approval rating is not for Congress to do less work on behalf of the American people. It is for Senators to roll up their sleeves and actually fulfill their role in the legislative body including vetting nominees. People all across this country are concerned about nominees to the federal bench who would roll back important rights and freedoms, and favor wealthy and powerful special interests over the rest of us. Polling data show that people do not want such judges to serve on our courts, and senators must resist efforts by the Trump administration to confirm them. The blue slip tradition has been respected for decades, for good reason. Over more than 80 years and thousands of judicial nominations, only a handful ever went through to confirmation without two positive blue slips from home-state senators. NONE have gone through in the absence of both blue slips from home-state senators. The blue slip process was scrupulously adhered to throughout the Obama Administration by Senate Judiciary Committee chairmen of both parties. There were no exceptions to the rule that a judicial nominee would not be moved through committee unless he or she had two positive blue slips. Chairman Grassley is changing the rules of the game so that he can advance a political agenda, to the detriment of Senate tradition and the ability of our federal judiciary to be fair and unbiased. The blue slip process exists to make sure that Senators have a voice in selecting jurists who are right for their own state. More than the White House or Senate leadership, individual senators are connected with the legal communities in their own states; the blue slip process has helped ensure that judicial nominees are individuals who are widely respected within the legal community not simply political cronies of the president in the White House at that time.
Contacting your senator This week, your senators will be back in their home states. It s a great time to let them know why courts matter to you, that you want judges who will protect rights and freedoms for all of us, and urge your senators to protect our courts. Contact your senators. Call their district offices, write them an email, or set up a meeting with them while they re in town. Sample call script My name is [name], and I m a constituent from [city]. I m calling because I am deeply concerned about the courts. Federal judges receive lifetime seats on our federal courts and appointments will shape our justice system for decades. Our judges should protect the rights of workers, LGBTQ people, women, immigrants, and people of color. I am urging Senator X to Vote No on any judicial nominee who has a record of favoring the wealthy and powerful over equal rights for all of us. Thank you. Meeting with your senator Here s a suggested outline of what your meeting with your senator should look like: Open the meeting. Thank your senator for meeting with you, and collect business cards from the staff. Introduce your group, and provide a brief introduction of who you are. Tell your senator why you re there. Present your issue. Explain why the courts matter to you, or how this nomination would impact you or your community. Present the ask this is where you ask your senator to stand up for our courts, oppose extreme, unqualified nominees, or protect blue slips. Listen to the senator s response. Offer to be a resource for the senator, or to send additional information Wrap up the meeting. Review the comments, commitments, and follow-up items for each issue. Thank the senator and staff for their time. Leave your business card and any informational materials with your senator. Tips for a successful meeting Be prepared and be on time. Do your research about nominees and your senators positions. Bring materials and information on the courts and Trump s judicial nominees to leave with your senators and their staff. Have a plan. Know who will discuss what topics, and who will lead the meeting. Practice what you want to say in advance. Be prepared to meet with staff. Senate staff act as the eyes and ears for the senator. It s just as important to develop a relationship with staff as with the senator.
Expect unpredictability. Senators schedules change. Remember to be flexible. Don t be afraid to say I don t know. Don t make up a response to a question if you don t know the answer. Instead, offer to follow up later. Know your ask. Be prepared to ask your senator for a specific action. Ask them to stand up for blue slips by opposing nominees who don t have one or both slips from their home-state senators. If you want them to oppose a certain nominee, ask them to do so, and let them know why they should. Share personal stories with your senator. Make sure you let the senator know how Trump s judicial nominees impact your life. Listen to your senator. Don t argue with your senator or their staff. Writing a letter to the editor Be timely, brief, and clear. Check the guidelines of your local paper, and make sure you stay within its limits on length. The talking points in this toolkit are a great way to get started, but make sure you connect the courts to the issues in your local area. Explain how these judicial nominations will impact your community. Find a news hook. Check your local paper and see if there is a recent article or event you can respond to. Make sure you refer to the article by name and date. Tying into a local news hook will make your piece much more likely to get published. Start local first. Start with your hometown or school paper first, but reach out to other publicans as well. Our courts impact everyone, and the media and your senators will be looking for local perspectives. Recruit your friends. Maximize your impact by asking others in your community to submit letters to the same papers. The volume of letters will let editors know that this issue matters to your community. Include a call to action. Emphasize the importance of protecting our federal courts, and make specific asks in your piece. Call for your senators to protect blue slips or oppose nominees in your home circuit. Send a copy to your senators. If your letter is printed, make sure you send a copy to your senators offices, or bring a copy with you to your next meeting. Make sure your message reaches their desks. Sample letter to the editor To the Editor, With Congress in recess this week, we re getting a brief respite from the flood of news about partisan rancor on Capitol Hill. However, even amid all the noise from Washington, one important congressional controversy is flying under the radar: the final push to destroy the blue slip Senate tradition for judicial nominees. It s an issue we shouldn t overlook. The blue slip is a key aspect of the checks and balances in our government. It s the paperwork that
for over a hundred years has given home-state senators a right to say yes or no to federal judicial nominations from their state. Historically, a no from two senators always means the nomination must be withdrawn and a no from one almost always does the same. Some in Senate leadership want to end this tradition and with it, important rights of home-state senators and the constituents who sent them to Washington. Sens. [A] and [B] should push back against this. We ve already seen a rapid deterioration in bipartisanship in Congress. Further erosion of Senate comity serves no one, especially in an area as critical as lifetime judicial appointments. Sincerely, NAME CITY Sending an action alert Organizations can send an alert to their lists urging them to call, write, email, or tweet at their senators and tell them to oppose judges who don t share our values. Sample action alert Subject line: Our senators are home this week. Demand that they protect our courts. Take Action: Our federal bench is being packed with right-wing extremists. Tell your senators to stand up against judicial nominees who threaten all our rights. The Trump Administration is using every tool at its disposal to attack our rights and our communities. Our courts must be a safeguard in protecting our rights. That means we need judges who will respect the rights of women, people of color, LGBTQ people, workers, immigrants, and more. Every U.S. Senator gets a vote on judicial nominees. Now s the time to tell your senators to stand up for our rights and stand up for our courts. This Senate recess, March 26 April 6, senators come home to spend time with us, their constituents. Make sure they know that our courts are a top priority for you. Urge our senators to protect our courts from lifetime appointments of federal judges who are anti-civil rights and anti-human rights. This recess, be an advocate for justice for all. Tell our senators: we want judges who will uphold the rights of all, not just the wealthy and powerful. Taking action on social media Social media is a powerful tool in the movement to protect our courts. Add your voice to the conversation, use social media to amplify the other actions you and others are taking. Tips for social media Tag your senators. Look up their official handles on Twitter and Facebook, tag them in your posts, and tweet at them directly. Encourage your friends and followers to do so as well.
Engage with hashtags. Identify key hashtags, like #CourtsMatter and #BlueShirtBrigade. Using these hashtags will help connect you to others who care about our courts. Make it personal. Join the #BlueShirtBrigade by posting a picture of yourself in a blue shirt to protest Republican leadership fast-tracking extreme and unqualified nominees. Tweet it at your senators, and let them know you want them to protect our courts. Post a video of why courts matter to you. Tips for crafting your message. Here are a couple of points to keep in mind when writing your tweet. The blue shirts stand for: Abuse of the judicial nomination process, including: Disrespecting the advise-and-consent role of senators, as shown by abandoning the blue slip tradition Extreme and unqualified nominees Rushing and rubber-stamping nominees through to confirmation Sample social media @SenatorX [your senator] is in town for recess this week. Let him/her know #courtsmatter: demand federal judges who will defend our rights. #Trumpjudges shouldn t be confirmed unless they will stand up for rights for LGBTQ people, people of color, women, workers and immigrants. Let @SenatorX [your senator] know you care! #Courtsmatter and @SenatorX [your senator] needs to hear it from us! No more #Trumpjudges who won t stand up for LGBTQ people, people of color, women, workers and immigrants. Our third branch of government, the federal judiciary, will be critical to protecting civil rights. Along with dozens of partner organizations, we re fighting hard to protect it. #courtsmatter http://bit. ly/2u8esol Trump is packing the courts with extreme judges and has nominated dozens more to LIFETIME appointments. This has to stop. Our courts are too important. #courtsmatter #TrumpJudges Judiciary Chairman @ChuckGrassley is changing the rules of the game so that he can advance a political agenda, to the detriment of Senate tradition and the ability of our federal judiciary to be fair and unbiased. I am part of the #BlueShirtBrigade because #courtsmatter. The Senate s blue slip practice is one of the critical checks and balances that helps maintain equilibrium among the branches of government. As chairman of the Senate Judiciary Committee, @ChuckGrassley is ignoring it. #courtsmatter #BlueShirtBrigade.@ChuckGrassley has abandoned his promise and a century of the Senate blue slip tradition in order to rush through far-right judicial nominees. #BlueShirtBrigade #courtsmatter Today is the one year anniversary of Trump s first lower court nomination. His record so far? A slew of extreme nominees with terrible records on LGBTQ rights, women s rights, civil rights, criminal justice, and more. #courtsmatter #TrumpJudges.@SenatorLeahy, without exception, required both home-state senators to return blue slips. As chairman today, @ChuckGrassley is not honoring the Senate tradition at a time when the institutional check has arguably never been more important. #courtsmatter #BlueShirtBrigade
Blue slips are a vital way senators provide advice and consent on judicial nominees - and ensure nominees fit the specific needs of their home states. We re part of the #BlueShirtBrigade because we know #courtsmatter. Other Resources One Rule for Democrats, Another for Republicans? from Alliance for Justice People for the American Way s Blue Slip Guide One Year of Trump s Judges will Harm the Justice System for a Generation, from Leadership Conference on Civil and Human Rights