Topline
President Donald Trump on Thursday night criticized the Senate’s “blue slip” tradition—which allows senators to effectively block district court judges and U.S. attorney nominees from their home states—as he doubled down on a stance that very recently faced pushback from Republican senators.
President Donald Trump reiterated his attack on the Senate’s “Blue Slip” tradition despite earlier pushback from the GOP.
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Key Facts
In a post on Truth Social, Trump attacked the practice, saying he has eight “Highly Respected” U.S. attorney nominees who will not be confirmed because “they’re Republicans.”
Trump said the “blue slip” practice was a “stupid and outdated” tradition that Democrats in the Senate had “convinced” Judiciary Committee Chairman Chuck Grassley, R-Iowa, to adhere to.
The president claimed the practice “precludes very talented and dedicated people from attaining High Office,” and the careers of “GREAT people” were being “badly hurt.”
In a follow-up post a few hours later, Trump once again attacked the practice, saying the Blue Slip rule meant a Republican president “will never be successful” in getting a Republican U.S. Attorney or District Court Judge nominee confirmed in a state that has “just one Democrat Senator.”
Trump claimed the rule effectively forces him to appoint a Democrat in such states, wrote: “Nobody can say that is fair or, even, Constitutional.”
What Is The Blue Slip Rule?
The blue slip is a blue-colored form sent to both senators from a state after the president nominates someone to serve as a district judge or U.S. attorney from their home state. The form is meant to gauge the home state senators’ assessment of the nominee, and if they have no objection, they can send it back to the chair of the Judiciary Committee with a positive response. However, if they oppose the nomination, a Senator may send a negative response or withhold the form. The blue slips are not codified in the Judiciary Committee’s rules, and the panel’s chair’s adherence to them is seen more as a courtesy rather than an obligation. According to the Congressional Research Service, the blue slip tradition has been in effect at least since 1917. The policy was previously also adhered to for circuit court nominees, but this was changed in 2017 during Trump’s first term.
What Has Grassley Said About Trump’s Blue Slip Opposition?
The Senate Judiciary Chair has not yet publicly commented on the president’s latest posts, but he pushed back against Trump’s criticism of the process a few months ago. In an X post in August, Grassley wrote: “A U.S. Atty/district judge nominee without a blue slip does not [have] the votes to get confirmed on the Senate floor & they don’t [have] the votes to get out of [committee]. As chairman, I set Pres Trump’s [nominees] up for SUCCESS NOT FAILURE.” In a follow up post, Grassley wrote: “The 100 yr old ‘blue slip’ allows home state senators [to have] input on US [attorneys] & district court judges. In Biden admin Republicans kept 30 LIBERALS OFF BENCH THAT PRES TRUMP CAN NOW FILL [with] CONSERVATIVES.”