WITH RARE EXCEPTIONS, THE CONSTITUTIONAL DUTY OF THE SENATE TO ADVISE AND CONSENT TO FEDERAL JUDICIAL APPOINTMENTS HAS BEEN CARRIED OUT PRIMARILY IN THE DELIBERATIONS OF THE JUDICIARY COMMITTEE. THE LEADERSHIP OF THAT COMMITTEE CHANGED WITH THE RETIREMENT OF SENATOR JAMES EASTLAND. THE NEW CHAIRMAN, SENATOR EDWARD KENNEDY, HAS EXPRESSED STRONG VIEWS ABOUT THE COMMITTEE'S ROLE AND ABOUT THE NEED FOR AFFIRMATIVE ACTION IN PLACING MINORITIES AND WOMEN ON THE FEDERAL BENCH. EARLY INDICATIONS ARE THAT THE NEW AGGRESSIVENESS OF THE JUDICIARY COMMITTEE IN THE FEDERAL APPOINTMENTS PROCESS WILL BE FELT PRIMARILY IN FOUR AREAS: CHANGES IN THE TRADITIONAL 'BLUE SLIP' PROCEDURE, WHICH IN EFFECT PERMITTED SENATORS FROM THE HOME STATE OF A NOMINEE TO EXERCISE A SILENT VETO OVER UNDESIRED APPOINTMENTS; IMPLEMENTATION OF A COMPREHENSIVE, COMMITTEE-DEVELOPED QUESTIONNAIRE FOR NOMINEES (IN WHICH THE NOMINEE IS REQUIRED TO DOCUMENT HOW HE OR SHE DEMONSTRATED COMMITMENT TO EQUAL JUSTICE UNDER LAW); EMPLOYMENT OF A COMMITTEE-DIRECTED STAFF TO INVESTIGATE NOMINEES; AND A GENERAL OPENING UP OF THE COMMITTEE'S DELIBERATIVE PROCESSES. THIS NEW OPENNESS WAS EVIDENT IN THE COMMITTEE'S HOLDING OF A PUBLIC HEARING IN JANUARY 1979, AND IN THE NATURE OF THE WITNESSES HEARD AND THE BONES OF CONTENTION RAISED. THE CENTRAL QUESTION BEFORE THE COMMITTEE IS WHAT TO DO WHEN MERIT SELECTION AND AFFIRMATIVE ACTION APPEAR TO MEET HEAD ON. IN LIGHT OF THE FACT THAT THE 96TH CONGRESS WILL CONFIRM THE APPOINTMENTS OF NEARLY ONE-THIRD OF THE FEDERAL JUDICIARY (THROUGH IMPLEMENTATION OF THE OMNIBUS JUDGESHIP ACT), THE MANNER IN WHICH THE COMMITTEE RESOLVES THIS QUESTION WILL AFFECT THE QUALITY OF AMERICAN JUSTICE INTO THE 21ST CENTURY. (LKM)