The “blue slip” custom, requiring dwelling state senator approval for judicial nominees, is again within the information. If the custom of getting senators to log out on a president’s judicial nominees — doubtlessly of one other political social gathering — looks as if it’s from a bygone period, effectively, you’re not totally incorrect.
Throughout Trump’s first time period in workplace, the GOP abandoned the custom for appellate nominees with the intention to stack the judiciary with far-right acolytes. Since then, Dems have, kind of, caught with the system (solely two nominees by Joe Biden had been confirmed with out blue slips). The Democrats’ unwillingness to combat hearth with hearth severely limited Biden’s potential to counter the super affect Trump was in a position to exert in his first time period as president. Although Biden shepherded various judicial appointees via the method, he deserted valuable appellate court seats to protect the blue slip custom.
Now that the GOP is again in energy, Senate Judiciary Chair Chuck Grassley has held the road on blue slips for district court docket and U.S. lawyer nominations and Donald Trump is NOT HAPPY — which we all know because of an unhinged social media rant.
And since it’s 2025, Grassley responded… on social media.
Plus there’s the way in which the blue slips have affirmatively *helped* the GOP.
However why would Trump take heed to cause when he’s determined he’s indignant about one thing? At a press convention earlier at present, Trump introduced a questionable lawsuit in regards to the observe. “We’re … going to be submitting a lawsuit on blue slipping,” Trump informed reporters. “You understand, blue slips make it unimaginable for me as president to nominate a decide or U.S. Lawyer as a result of they’ve a gents’s settlement. It’s nothing memorialized, it’s a gents’s settlement that’s about 100 years outdated.”
Not each Republican sees the good thing about forcing via Trump nominees (cough, Alina Habba, cough, cough) with out blue slips. Senator Tom Tillis sees the shortsightedness of forcing the difficulty.
We’ll see if Trump goes via together with his promised lawsuit over the observe — nevertheless it’s not essentially the most ridiculous loser argument the Division of Justice has been compelled to make in court docket at Trump’s behest.
Kathryn Rubino is a Senior Editor at Above the Regulation, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the most effective, so please join along with her. Be at liberty to electronic mail her with any suggestions, questions, or feedback and comply with her on Twitter @Kathryn1 or Mastodon @[email protected].
