A blue slip (Senate Judiciary Committee by way of Alliance for Justice).
The “blue slip” custom, requiring dwelling state senator approval for judicial nominees, is again within the information. If the custom of getting senators to log off on a president’s judicial nominees — probably of one other political celebration — looks as if it’s from a bygone period, nicely, you’re not solely improper.
Throughout Trump’s first time period in workplace, the GOP deserted the customized for appellate nominees as a way to stack the judiciary with far-right acolytes. Since then, Dems have, roughly, caught with the system (solely two nominees by Joe Biden had been confirmed with out blue slips). The Democrats’ unwillingness to combat hearth with hearth severely restricted Biden’s skill to counter the super affect Trump was capable of exert in his first time period as president. Although Biden shepherded plenty of judicial appointees by means of the method, he deserted precious appellate court docket seats to protect the blue slip custom.
Now that the GOP is again in energy, Senate Judiciary Chair Chuck Grassley has held the road on blue slips for district court docket and U.S. legal professional nominations and Donald Trump is NOT HAPPY — which we all know because of an unhinged social media rant.
And since it’s 2025, Grassley responded… on social media.
A U.S. Atty/district decide nominee with no blue slip doesn’t hv the votes to get confirmed on the Senate flooring & they don’t hv the votes to get out of cmteAs chairman I set Pres Trump noms up for SUCCESS NOT FAILURE— Chuck Grassley (@ChuckGrassley) August 25, 2025
Plus there’s the way in which the blue slips have affirmatively *helped* the GOP.
The 100 yr previous “blue slip” permits dwelling state senators 2 hv enter on US attys & district court docket judges In Biden admin Republicans saved 30 LIBERALS OFF BENCH THAT PRES TRUMP CAN NOW FILL W CONSERVATIVES— Chuck Grassley (@ChuckGrassley) August 25, 2025
However why would Trump hearken to cause when he’s determined he’s indignant about one thing? At a press convention earlier right now, Trump introduced a questionable lawsuit in regards to the observe. “We’re … going to be submitting a lawsuit on blue slipping,” Trump instructed reporters. “You realize, blue slips make it not possible for me as president to nominate a decide or U.S. Lawyer as a result of they’ve a gents’s settlement. It’s nothing memorialized, it’s a gents’s settlement that’s about 100 years previous.”
Not each Republican sees the advantage of forcing by means of Trump nominees (cough, Alina Habba, cough, cough) with out blue slips. Senator Tom Tillis sees the shortsightedness of forcing the difficulty.
Chairman Grassley is a principled conservative who needs to maintain radical liberals off the bench. Eliminating the blue slip is a horrible, short-sighted ploy that paves the trail for Democrats to ram by means of extremist liberal judges in pink states over the long-term. It’s why… https://t.co/rdLvkMIWg3— Senator Thom Tillis (@SenThomTillis) August 25, 2025
We’ll see if Trump goes by means of together with his promised lawsuit over the observe — however it’s not probably the most ridiculous loser argument the Division of Justice has been pressured to make in court docket at Trump’s behest.
Kathryn Rubino is a Senior Editor at Above the Legislation, host of The Jabot podcast, and co-host of Pondering Like A Lawyer. AtL tipsters are one of the best, so please join along with her. Be happy to e-mail her with any suggestions, questions, or feedback and comply with her on Twitter @Kathryn1 or Mastodon @[email protected].
