President Trump is understandably frustrated. His New Jersey attorney, Alina Haba, faces hurdles due to opposition from both of the state’s Senators, Cory Booker and Andy Kim, who have declined to proceed with her nomination. Their refusal to return the “Blue slip” prevents her confirmation from moving forward.
The Blue Slip is a longstanding tradition within the Senate Judiciary Committee. It requires approval from both state senators for the nomination of district court judges and U.S. attorneys. While it’s not mentioned in the Constitution and lacks formal Senate rules backing it, it’s a way for senators to exert some influence over federal law enforcement in their states.
Both parties value the Blue Slip because it offers substantial leverage. If a senator disapproves of a nominee, they can effectively halt the process. It’s pretty clear why those in power would want to keep such authority intact. Those senators are often concerned about who prosecutes them, who judges them, and the implications of those decisions. Just look at former Senator Robert Menendez, who faced serious charges back in New Jersey.
In 2017, Senate Judiciary Committee Chairman Chuck Grassley reformed the process around Blue Slips. He aimed to end the tradition that allowed state senators to hold veto power over circuit court nominees. This allowed Trump to significantly shape the Ninth Circuit, as senators from states like California and Washington no longer had control over that court.
During Trump’s second term, Democrats have shown little willingness to cooperate with the White House, resulting in sluggish nomination processes. Some Republican senators also seem reluctant to commit fully to the nomination agenda due to their own preferences for lengthy recesses.
The frustration with how nominations are moving has led some to consider abolishing the Blue Slip altogether. This effort was attempted in the past but didn’t succeed. Nonetheless, thanks to Grassley’s influence, several of Trump’s judicial nominees have still made it through, even amidst Democratic opposition. Grassley’s track record is quite evident when you look at the judges confirmed during Trump’s first term, which includes several Supreme Court justices.
Despite the tension, the Blue Slip remains an important aspect for certain Republican senators. For instance, Sen. Tom Tillis has been vocal about not backing a nominee unless there’s a Blue Slip from that candidate’s home-state senator. Without Tillis’ support, the Republicans lack the votes needed to advance a nominee from the Judiciary Committee to the floor. Others are echoing similar sentiments, making it clear that the effort to eliminate Blue Slips will likely stall for at least the remainder of this Congress.
There is an option to file a discharge petition to bring a nominee to the floor outside the committee, though this requires 60 votes, which can be quite a challenge.
The age-old sentiment that “the Senate is behind the times” certainly resonates here. Reforms are always on the table, but as of now, changes to the Blue Slip process don’t seem imminent. With the current political landscape, Grassley’s dual role as President Pro Tempore allows him to tally votes, keeping things stable for the moment. Republicans need to navigate the existing system efficiently and aim for a stronger majority in the upcoming November elections.
