Last week, Senate Republicans confirmed six of President Donald Trump’s judicial nominees, marking a continued effort to expedite the approval of his picks. This rapid pace has sparked debate over the blue slip tradition in the Senate, a practice that critics claim is stalling judicial appointments and allowing Democrats to manipulate the nomination process.
The blue slip, a practice that has existed for over a century, allows senators to block nominees from their state. Some Republicans argue it is an essential tool for minority influence within the Senate. Sen. Thom Tillis of North Carolina voiced this sentiment, stating, “Nuking the blue slip would be a huge mistake.” He warned that when the political tides change, the GOP could find themselves in need of the same protections that the blue slip provides.
Since the beginning of Trump’s second term, the Senate has confirmed 33 judges, a significant increase compared to the 19 Article III nominees confirmed in the first year of his first presidency, which included the appointment of Supreme Court Justice Neil Gorsuch. However, even with this uptick, Democrats outpaced Republicans, as President Joe Biden saw 42 judicial nominees confirmed during his initial year.
The ongoing struggle over blue slips may prove to be a sticking point for Trump’s goals. Frustration has been palpable, particularly regarding his nominees Alina Habba and Lindsey Halligan, whose paths were obstructed by the blue slip process last year. Trump has expressed strong opinions on the need to eliminate the blue slip, suggesting that its continued existence hampers his ability to appoint judges and U.S. attorneys. “As a Republican President,” he asserted, “I am unable to put anybody in office having to do with U.S. attorneys or having to do with judges.”
The broader theme of judicial nominations highlights a fracture within the Republican Party as well. Some members advocate for maintaining the blue slip, with Judiciary Committee Chair Chuck Grassley of Iowa leading the charge. Notably, he modified the blue slip process in 2017, permitting circuit court judges to bypass it, which effectively increased judicial confirmations despite Democratic opposition.
When asked if the success in confirming judicial nominees suggested the blue slip tradition might persist, Grassley responded, “It doesn’t need to be a present question.” His assertion underscores the belief among many in the Senate that preserving the blue slip is important for maintaining a balance of power and honoring the long-standing traditions of the chamber.
As these discussions unfold, it will be crucial to watch how the balance of judicial confirmations progresses in the coming months. Whether the blue slip tradition will remain intact is yet to be determined, but it appears that for now, the Senate will continue to navigate the complexities of judicial appointments while grappling with the significance of historical practices and the interests of the current administration.
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