The Volokh Conspiracy

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President Biden Nominates First Judge in Double-Red State

Andre B. Mathis of Tennessee may not receive blue slips from the state's two Republican Senators.

|The Volokh Conspiracy |


To date, President Biden has only made judicial nomination in blue or purple states. Today, he made his first circuit nomination in a double-red state–that is, a state with two Republican Senators:

For example, the President's new nominee for the U.S. Court of Appeals for the Sixth Circuit, Andre B. Mathis, would become the first Black man—and the second Black person—to sit on the Sixth Circuit from Tennessee. The last time that a Black man was confirmed to the Sixth Circuit was 24 years ago.

Will Mathis receive blue slips from the state's two Republican Senators? It may not matter if the Committee chooses to bring the nominee up for a vote, without regard to the blue slips.

Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the President of the Harlan Institute. Follow him @JoshMBlackman.