Trump Takes on Senate Tradition That Impedes His Nominees
Former President Donald Trump has directed his frustration towards the “blue slip” rule, a Senate custom that stalls his nominations for U.S. attorneys. Weighing in on the matter via Truth Social, Trump condemned the rule as a tool used by Democrats to disrupt the appointments of what he describes as “GREAT people.” He criticized Republican leadership, specifically Senate Judiciary Chairman Chuck Grassley, for allowing the blockage to persist.
“The Democrats violate this practice in order to get people in, but Republicans just don’t,” Trump asserted in a recent post. He lamented that the careers of qualified nominees have suffered under “the Radical Left Democrats,” who exploit this outdated tradition for their partisan interests. His criticism points to a larger issue regarding the effectiveness of the Republican strategy amid an increasingly polarized political climate.
The “blue slip” tradition allows home-state senators to approve or veto presidential nominees for federal district courts and U.S. attorney roles. A lack of support from a senator can effectively suspend the confirmation process, and this procedural maneuver has been a significant hurdle for Trump’s plans to influence the judicial landscape post-presidency.
Currently, several of his U.S. attorney nominees are stalled. One notable case involves Alina Habba, Trump’s former attorney, whose nomination for U.S. Attorney in New Jersey faced blockage due to the absence of blue slips from Senator Cory Booker and Congressman Andy Kim. A recent federal court ruling declared her tenure “unlawful,” further complicating an already tense situation in New Jersey’s federal court operations. Habba voiced her frustration on Fox News, emphasizing the unfairness of being denied a vote on her nomination. “I never even got there,” she stated, underscoring the disruption caused by political machinations.
Grassley stands firm in his stance on the blue slip rule, stating, “As chairman, I set Pres Trump noms for SUCCESS NOT FAILURE.” He believes that nominees lacking home-state support will not garner enough votes for confirmation. This strategy, while pragmatic from one perspective, has left numerous key positions unfilled and has disenfranchised Trump’s allies from influential roles within the federal system.
This ongoing deadlock intensified in July and August 2023, as Trump criticized the blue slip rule. He claimed this tradition stripped him of his constitutional right to appoint judges and U.S. attorneys. Trump called the blue slip a “probable unconstitutional hoax,” insisting it merely serves to stall Republican nominees. His calls for Grassley to eliminate the rule have yet to be heeded.
The conflict escalated when Trump labeled Grassley as a “sneaky RINO” online. Grassley expressed offense at such remarks, stating, “I was offended by what the president said, and I’m disappointed that it would result in personal insults.” Yet, he reiterated his commitment to the existing tradition.
Support for Grassley’s position comes from other Senate Republicans, including Senator Thom Tillis, who intends to oppose any nominee lacking backing from their home-state senators. “We must honor blue slips or risk destroying a process that forces the president to consult with home-state legislators,” Tillis warned, highlighting the importance of maintaining established Senate norms.
Mike Davis, a former Grassley aide, suggested that the underlying issue may not solely revolve around the blue slip tradition. He noted that many of Trump’s nominees would struggle to gain traction regardless of whether they had blue slips, suggesting broader opposition among senators complicating their advancement. “It’s a reality check, not just tradition,” he explained.
This scenario emphasizes how deeply entrenched procedural norms can negatively impact political maneuvering—even when those traditions are not legally binding. For context, the blue slip has been disregarded only three times in six decades. Grassley shows no intent to make a fourth such exception.
The consequences of this stalemate are significant. With several federal districts—namely, New York’s Southern District, New Hampshire, and New Jersey—operating without confirmed U.S. attorneys, the functions of the legal system are hindered. The absence of stable leadership can delay prosecutions and legal decisions, leading to a ripple effect felt in courtrooms across the country.
For Trump, this battle transcends mere appointments; it’s about gaining control over key judicial and prosecutorial positions, which are integral for advancing his agenda and safeguarding his political circle. By enforcing the blue slip tradition, Democrats and some Republicans are constraining that power.
Trump believes the GOP should mirror the aggressive tactics he attributes to Democrats. “They get rid of customs when they don’t suit them. We should too,” he proclaimed during one of his social media rants, calling for action that reflects his combative approach.
In contrast, Grassley, a long-standing senator invested in the institution’s norms, emphasizes the importance of consensus within the Senate. “The Constitution sets the power to advise and consent in the Senate, not just in the president,” he affirmed, reiterating his respect for the input of home-state senators.
As the 2024 election cycle draws near, these disputes are likely to intensify. The ongoing tension illustrates a profound power struggle within the Republican Party, pitting Trump’s confrontational style against the Senate’s adherence to established procedures. For now, the blue slip rule remains intact, significantly impacting Trump’s ability to place his nominees and address critical vacancies within the country’s legal framework.
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