The “blue slip” tradition, requiring home state senator approval for judicial nominees, is back in the news. If the tradition of getting senators to sign off on a president’s judicial nominees — potentially of another political party — seems like it’s from a bygone era, well, you’re not entirely wrong.
During Trump’s first term in office, the GOP abandoned the custom for appellate nominees in order to stack the judiciary with far-right acolytes. Since then, Dems have, more or less, stuck with the system (only two nominees by Joe Biden were confirmed without blue slips). The Democrats’ unwillingness to fight fire with fire severely limited Biden’s ability to counter the tremendous influence Trump was able to exert in his first term as president. Though Biden shepherded a number of judicial appointees through the process, he abandoned valuable appellate court seats to preserve the blue slip tradition.
Now that the GOP is back in power, Senate Judiciary Chair Chuck Grassley has held the line on blue slips for district court and U.S. attorney nominations and Donald Trump is NOT HAPPY — which we know thanks to an unhinged social media rant.
And because it is 2025, Grassley responded… on social media.
Plus there’s the way the blue slips have affirmatively *helped* the GOP.
But why would Trump listen to reason when he’s decided he’s angry about something? At a press conference earlier today, Trump announced a questionable lawsuit about the practice. “We’re … going to be filing a lawsuit on blue slipping,” Trump told reporters. “You know, blue slips make it impossible for me as president to appoint a judge or U.S. Attorney because they have a gentlemen’s agreement. It’s nothing memorialized, it’s a gentlemen’s agreement that’s about 100 years old.”
Not every Republican sees the benefit of forcing through Trump nominees (cough, Alina Habba, cough, cough) without blue slips. Senator Tom Tillis sees the shortsightedness of forcing the issue.
We’ll see if Trump goes through with his promised lawsuit over the practice — but it’s not the most ridiculous loser argument the Department of Justice has been forced to make in court at Trump’s behest.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
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