President Donald Trump has renewed his plea for the Senate’s century-old “blue slip” process to be axed in a bid to ensure his U.S. district court nominations, along with those for U.S. attorneys’ offices, can proceed without being blocked by home-state Senators.
“‘Blue slips’ are making it impossible to get great Republican judges and U.S. attorneys approved to serve in any state where there is even a single Democrat Senator,” bemoaned Trump on Thursday. “It is shocking that Republicans, under Senator Chuck [Grassley], allow this scam to continue. So unfair to Republicans, and not constitutional.”
Trump went on to make a public plea to Senate Majority Leader John Thune, asking that he “get something done—ideally the termination of blue slips.”
But in a rare move in opposition of Trump, the majority of Republicans seem reluctant to axe the tradition that is largely respected on both sides of the aisle.
Sen. Thune appeared to dash the President’s hopes, saying he doesn’t think the blue slip process is going to change as it has strong bipartisan support.
“This is a procedure that’s been in place for a long time, that both Republicans and Democrats support, because it gives them some input, particularly in those judicial appointments that are made in their individual states,” Thune told Fox News on Thursday. “There are Republicans on and off the Judicial Committee who support this—and support it strongly.”
Thune acknowledged Trump’s frustrations over his nominations, but insisted that the majority of Trump’s nominees—outside of the judiciary ones—have been processed at a “record rate.”
“We have moved his [Trump’s] nominees through the process at a record rate. We will, by the end of this year, have a record number of his nominees approved to the executive branch. We got his Cabinet confirmed at the fastest rate possible. We’ll continue to work on the judiciary,” he said.
Trump’s renewed push to axe the blue slip process comes as the White House attempts to advance its nomination for Lindsey Halligan as U.S. Attorney for Virginia’s Eastern District. Reuters reported on Thursday that the Senate Judiciary Committee had received a copy of Halligan’s 28-page questionnaire laying out her background and qualifications. It’s widely predicted that Virginia’s Democratic Senators Tim Kaine and Mark Warner will block the nomination. Halligan, who previously worked as a personal lawyer for Trump after his first term, has proven to be among the President’s more controversial picks. She has no notable previous experience as a prosecutor.
In July, Trump was forced to withdraw the nomination of his former defense attorney, Alina Habba, to serve as a federal prosecutor in New Jersey after the blue slip process saw the state’s Democratic Senators Cory Booker and Andy Kim oppose her nomination. Habba was then appointed on an interim basis in an “acting role,” as the Trump Administration sought other means of approval. But Habba stepped down from her acting role on Dec. 8, days after a federal appeals court found she had been unlawfully serving as the U.S. attorney for New Jersey.
Now, with Trump once again calling for the end of blue slips, here’s what you need to know about the long-standing tradition.
What exactly is the blue slip process?
The blue slip process used by the Senate Judiciary Committee applies to nominations for district court judges and U.S. attorneys’ offices. After a President picks a nominee, the chairman sends a blue-coloured slip to the home state Senators and they are given the opportunity to sign off on the nominee. Per Congress, “if a home state Senator has no objection to a nominee, the blue slip is returned to the chairman with a positive response. If, however, a home state Senator objects to a nominee, the blue slip is either withheld or returned with a negative response.”
Although in place since around 1917, the blue slip process has changed somewhat over the years.
Previously, circuit court nominations were also beholden to approval via blue slips. However, this changed in 2017 during Trump’s first term, when the Republican-led judiciary panel fronted by Sen. Charles Grassley of Iowa, scrapped the process.
What has Trump said about the blue slip process?
Trump has long sought to end the Senate tradition, similarly to how he has pleaded on numerous occasions to end the filibuster.
Earlier this year, when fighting for the advancement of Habba, his nominee for federal prosecutor in New Jersey, Trump aired his frustrations and called on Sen. Grassley to end the tradition, arguing that he could “solve the blue slip problem” with a “mere flick of the pen.”
Trump revisited the topic in August, insisting the blue slip process is “unconstitutional” and threatening to file a suit about it.
“It’s a gentlemen’s agreement that’s about 100 years old… It’s based on an old custom. It’s not based on a law. And I think it’s unconstitutional,” he said in the Oval Office.
The battle came to the forefront once more in October, as Trump lamented that his U.S. attorney nominations had been stalled. “Democrats have convinced Chuck Grassley to honor the stupid and outdated ‘blue slip’ tradition, which precludes very talented and dedicated people from attaining High Office,” Trump said via Truth Social. “These great people’s careers have been badly hurt by the radical left Democrats, using an old and ridiculous custom strictly to their advantage. What a shame.”
How have lawmakers responded to Trump’s plea to end the Blue Slip process?
Despite curtailing the practice in regards to circuit court nominations during Trump’s first term, Sen. Grassley has steadfastly defended the blue slip tradition in relation to nominees to district courts and U.S. attorneys’ offices.
“The blue slip preserves the ability of lawmakers to shape the types of prosecutors and judges who serve the public, uphold the rule of law and resolve disputes in the community. It provides an assurance that the White House will consult with home-state senators during the nomination process,” said Grassley during a Q&A in August.
“For years, I’ve consistently pushed back on misguided efforts to abolish the blue slip that would neuter the Senate’s authority of advice and consent.”
Sen. Thom Tillis of North Carolina, a Republican member of the judiciary committee, has also strongly denounced the idea of axing the largely-respected tradition, arguing that it could—in turn—hurt the GOP.
“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,” he said. “It’s why radical liberal groups have been pushing to get rid of the blue slip for years—Republicans shouldn’t fall for it.”
