The Brawl over Judges: Washington gears up.(Senate controversy over Bush administration appointees)

Patrick Leahy, ranking Democrat on the Senate Judiciary Committee, smiled a smile that didn't seem entirely . . . sincere. "Senator Hatch is one of the handful of senators I consider my closest, dearest friends," Leahy said of the man seated next to him, committee chairman Orrin Hatch. Nevertheless, Leahy said he was deeply concerned about Hatch's plans to handle the president's nominations for the federal courts. Leahy accused Hatch of trying to change the rules to go easier on George W. Bush's choices than he had on Bill Clinton's. He accused Hatch of trying to rush the process. And his normally soft voice rose to a near-shout as he vowed to protect "THE SENATE, IN ITS RULES AND ITS PRACTICES," from Republican assault. As Leahy ranted, Hatch, visibly frustrated and angry at his close, dear friend's tactics, sat silently, his arms folded across his chest.

Perhaps the strangest thing about Leahy's performance was that the meeting wasn't even about judicial nominations. It had, instead, been called for the purpose of voting on two top Justice Department nominations, Larry Thompson to be deputy attorney general and Theodore Olson to be solicitor general. It was Thursday, May 3, more than 100 days into the Bush administration, and there was exactly one confirmed political appointment in the Justice Department-the attorney general, John Ashcroft (and that had come only after a ferocious fight, as Hatch reminded the committee). Given the administration's urgent need for confirmed officials, the chairman asked over and over: Can't we please take a vote on Thompson and Olson?

The answer was no. Leahy and his fellow Democrats demanded that the committee first discuss a little-known bit of Senate procedure known as the "blue slip." This is a form letter-it really is printed on blue paper-in which a senator is asked to express his approval or disapproval of a judicial nominee who comes from the senator's home state. An answer of thumbs down is often enough to cripple a nomination, and Leahy has hinted broadly that Democrats intend to use this procedure to derail Bush appointees.

"I'm not going to get into a big blue-slip discussion today," Hatch said, as hope faded for a decision on Thompson and Olson. "Unless you walk out on me, we're going to have the vote right now." At which point Leahy and the Democrats did indeed walk out, saying they needed to discuss the matter among themselves. "Orrin, I'll give you a buzz as soon as I can," said Leahy dismissively as he left.

Hatch knew the rules required ten members to be present for a vote. There are nine Republicans on the committee; with no Democrats, there would be no vote. So the chairman was left sitting at a half-empty table, sputtering to his fellow Republicans. "I want you to understand how crazy this is," he said. "They want an absolute right to veto presidential nominations!"

In the end, there was no vote, and Leahy had made his point: If Democrats don't get what they want, they can-and will-shut down the committee. The episode made clear just how eager Leahy and his colleagues are for a fight with the Bush White House over the issue of judges. And it underscored-as if Republicans needed any reminding-just how difficult it will be for Bush to place conservative judges on the federal bench.

Despite all the controversy, nobody-and that included the senators themselves-seemed entirely sure of what the blue-slip issue was all about. The wording of the slip is succinct; it says, "Will you kindly give me, for the use of the Committee, your opinion and information concerning the nomination of [BLANK]." At the bottom of the slip, the senator can check a box indicating that he approves or disapproves of the nomination. Years ago, when the Senate was even clubbier than it is today, a nomination was set aside-effectively killed-if a home-state senator disapproved. But the system changed in the 1970s, and in 1989 then-committee chairman Joe Biden explained it this way in a letter to the first President Bush: "The return of a negative blue slip will be a significant factor to be weighed by the committee in its evaluation of a judicial nominee, but it will not preclude consideration of that nominee unless the Administration has not consulted with both home state senators prior to submitting the nomination to the Senate."