Trump Threatens Lawsuit Over Senate Blue Slip Tradition

President Donald Trump recently indicated that he might pursue legal action against the Senate’s age-old “blue slip” practice, which he claims hampers his ability to appoint judges and U.S. attorneys. While signing an executive order aimed at eliminating cashless bail policies in the Oval Office, he shared his frustration with reporters.

“We’re going to file a lawsuit,” Trump stated. “You see, this Blue Slip tradition makes it virtually impossible for me, as president, to appoint anyone to these positions, all because of a gentleman’s agreement that’s been around for about a century.”

This blue slip process allows state senators to give or deny consent for nominations based on state roles including federal judges and U.S. attorneys. Although it’s not an official law, it has been a long-standing tradition. The Constitution grants the president the power to nominate candidates, but the Senate has the final say in confirming them.

Trump pointed out that if a Republican president is faced with a Democrat senator, that senator can block appointments, which he views as unfair. Additionally, he expressed his concern about the current procedures in July, labeling them as “hoologies” and calling them fraudulent practices that hinder nominations. He urged Iowa Senator Chuck Grassley to take action to eliminate these hurdles.

Grassley, however, remains a defender of the blue slip tradition, arguing it is vital for maintaining balance and ensuring state input in the nomination process. Recently, Trump took to social media urging Grassley to tell Democrats to disregard the blue slip system when it comes to his nominees.

During his first term, Trump successfully appointed 234 federal judges, which included three Supreme Court justices and 54 appellate judges. Yet, it’s worth noting that only five appointments were confirmed within the first seven months of his first term.