The president has criticized the Senate’s century-long practice of letting senators from the same state approve nominations for federal judges and U.S. attorneys, calling it “old and outdated.” The senators from the Republican party are diametrically opposed.
Trump has been vocal about his disapproval of the blue slip process for weeks and has urged Iowa Republican Chuck Grassley, who chairs the Senate Judiciary Committee, to end the practice. However, the seasoned senator remains unmoved. Trump hinted on Monday that he would file a lawsuit, claiming that states with at least one Democratic senator are the only ones he can approve of “weak” judges.
“This follows a long-established tradition. The foundation is not a statute. Trump expressed his belief to reporters that it violates the constitution. “I intend to initiate legal action regarding that matter in the near future.”
Taking a look at the blue slip procedure and the reasons Republicans are now clinging to it:
Republicans are surprisingly opposing Trump
Trump’s potential targets and the mechanics of a lawsuit against them are murky waters, given that the Senate establishes its own regulations. Still, Republicans in the Senate refuse to budge, claiming that they benefited politically from the process under Democratic President Joe Biden. So long as the practice remains in place, they claim they will support it even if they are once again in the minority.
Furthermore, Republicans point out that judges who do not garner support from senators in their home states are unlikely to be confirmed anyhow.
Sen. Chuck Grassley took to X right after President Trump made his speech on Monday to criticize the Republican Party for having removed 30 liberals from the Senate so that Trump could fill their seats with conservatives.
“Getting rid of the blue slip is a terrible, short-sighted ploy that paves the path for Democrats to ram through extremist liberal judges in red states over the long-term,” North Carolina Republican Sen. Thom Tillis wrote on X, referring to the judiciary committee.
“Republicans ought not to be naive,” Tillis said.
While there was a judicial vacancy in South Dakota, Senate Majority Leader John Thune (R-S.D.) utilized blue slips personally and collaborated with the Biden administration. This is just one example of how Thune has supported blue slips. As far as Thune could tell, no one was in a hurry to alter it.
It has changed throughout the years, but the technique itself is ancient.
Following a presidential nomination for a district judge, U.S. attorney, or other federal job located within a single state, the nominee must submit a blue slip to their two senators from their home state.
Each senator from their own state has the option to mark the slips as favorable or negative. The head of the judicial panel has the discretion to stop processing the case if the form is not returned or if the response is negative.
Senate Democratic Leader Chuck Schumer has rejected the nominations of two New York prosecutors and Alina Habba, a candidate for U.S. attorney in New Jersey, among other Trump appointees.
The Congressional Research Service states that the blue slip tradition dates back to at least 1918. The custom has gotten increasingly politicized over the years, though, as is typical with many Senate practices. Until the start of Trump’s first term in 2017, nominations to the circuit court, which oversees several states, were likewise recognized with blue slips. However, Grassley and the Republican-led judicial panel abolished that practice.
Senators from the candidate’s home state have traditionally assisted the White House in making nomination decisions. Democrats and Trump, meanwhile, have demonstrated little enthusiasm for cooperating.
The frustration level of Trump is rising
Grassley, a longstanding supporter and the senior Republican in the Senate, has been the target of Trump’s wrath. Trump urged Grassley to have the “courage” to cease recognizing the blue slips in a social media post from July.
“Chuck Grassley, who I re-elected to the U.S. Senate in Iowa despite being heavily defeated, could find a solution to the ‘Blue Slip’ issue,” Trump said in his tweet.
Though “offended by what the president said, and I’m disappointed that it would result in personal insults,” Grassley defended the practice in his response.
This week, Trump brought up his grievances again, and he even threatened to sue. “In states that have just one Democrat United States Senator, that RIGHT has been completely taken away from me,” he wrote on Sunday, adding, “I have a Consultational Right to appoint Judges and U.S. Attorneys.”
This is only one front in a larger nominations battle.
Republicans may have gone against Trump on blue slips, but they now agree with him that nominations should go more quickly. This is particularly true given that Democrats have delayed votes on every one of Trump’s choices.
Before the customary August vacation, Republicans and Trump threatened to keep the Senate in session all month unless Democrats lifted some of their restrictions on candidates. However, Trump took to social media to tell Schumer to “GO TO HELL!” when the Senate departed regardless of the failure of the endeavor.
Following this impasse, Thune stated that the Senate will examine new rules in the autumn that would make it more difficult for Democrats to obstruct or delay votes on nominees.
Nominations as a process is flawed, according to Thune, who spoke after six months of observation. “And thus, I anticipate that there will be fruitful, robust discussions regarding that.”