Donald Trump is making waves once again, urging the Senate to ditch the age-old “blue slip” protocol to help push through his nominations for district court judges and U.S. attorneys. This move aims to prevent home-state Senators from blocking his picks.
“The blue slips are blocking our chances to get phenomenal Republican judges and U.S. attorneys confirmed in states with even one Democratic Senator,” Trump expressed recently. He criticized Republican Senator Chuck Grassley for allowing the process to continue, calling it unfair and unconstitutional.
Trump extended a plea to Senate Majority Leader John Thune, urging him to take action and end the blue slip practice.
In a surprising rebuttal to Trump’s requests, many Republican Senators are hesitant to eliminate this traditionally bipartisan procedure.
Senator Thune seemed to put a damper on Trump’s hopes, noting that the blue slip system enjoys solid backing from both sides of the political aisle. He stated on Fox News, “This has been a longstanding process supported by both Republicans and Democrats since it allows input on judicial appointments that affect their states.”
While acknowledging Trump’s frustrations, Thune highlighted that the majority of Trump’s nominees, other than those for judgeships, are being advanced at a remarkable pace. “By year’s end, we expect a record number of his appointees to be confirmed in the executive branch. His Cabinet confirmations also broke speed records,” he remarked.
Trump’s heightened push against the blue slip comes as the White House aims to streamline Lindsay Halligan’s nomination for U.S. Attorney for Virginia. A recent Reuters report revealed the Senate Judiciary Committee received Halligan’s extensive questionnaire showcasing her qualifications. However, it’s anticipated that Virginia’s Democratic Senators, Tim Kaine and Mark Warner, will oppose her nomination—especially since Halligan was previously a personal attorney for Trump and lacks significant prosecutorial experience.
Earlier this year, Trump withdrew his pick for a New Jersey federal prosecutor position, Alina Habba, due to blue slip complications fostered by that state’s Democratic Senators, Cory Booker and Andy Kim. They both raised objections, leading to Habba’s appointment in an “acting role” until a more favorable solution was found. However, she eventually stepped down following a legal ruling stating she had unlawfully held the U.S. attorney position.
As Trump ramps up his call for the end of the blue slip procedure, you might be wondering—what exactly is this blue slip process?
What is the Blue Slip Process Anyway?
In a nutshell, the Senate Judiciary Committee’s blue slip process applies to nominations for judges and U.S. attorneys. Once the President selects a candidate, the Chairman sends out a blue slip to the state’s Senators, who can approve or decline the nominee. As per Congress, “If a Senator signs off, the slip gets returned positively; if there’s an objection, it’s either withheld or returned with a dissenting response.”
This process has been around since around 1917, but has evolved over time.
Notably, circuit court nominations also initially required these blue slips, but changes were enacted in 2017 during Trump’s first term, when the Republican-controlled judiciary committee, led by Senator Grassley, did away with that requirement.
Trump’s Stance on Blue Slips
Trump has consistently fought against the blue slip tradition, reminiscent of his past calls to eliminate the filibuster.
Earlier this year, he expressed his anger over the Habba nomination stalemate, urging Senator Grassley to just end the process entirely, suggesting he could resolve this issue “with just a flick of the pen.”
Trump brought this issue back up in August, branding the blue slip system as “unconstitutional” and hinting at a potential legal challenge.
He commented, “This is just an old gentleman’s deal, about a century old… more of a custom than a law. I believe it’s unconstitutional,” during an Oval Office statement.
More recently in October, he lamented over stalled nominations for U.S. attorneys, claiming that “Democrats have convinced Chuck Grassley to stick with this outdated blue slip tradition.” He attributed the pain of talented individuals being shut out to this “old and ridiculous custom,” which he feels heavily benefits the radical left.
Response from Lawmakers to Trump’s Demands
Even after logging changes with circuit court nominations, Senator Grassley remains a steadfast advocate for preserving the blue slip practice for district court judges and U.S. attorney nominations.
“The blue slip process helps lawmakers influence the selection of judges and prosecutors who safeguard public interests and guarantee adherence to the law within their communities,” Grassley reiterated during an August Q&A. “For years, I’ve continuously defended this process against misguided initiatives aimed at abolishing it generally.”
Senator Thom Tillis from North Carolina, a member of the judiciary committee, voiced strong opposition to any potential repeal of the blue slip tradition, warning it could harm the GOP’s future.
“Abolishing the blue slip would enable Democrats to force liberal judges onto red states for the long haul,” Tillis stated. “Liberal groups have campaigned to end the blue slip for years—it’s a trap Republicans should avoid.”
