President Donald Trump said he is being denied his constitutional right to appoint judges by the “blue slip” tradition that allows senators to object to presidential judicial appointments.
In a post on his Truth Social platform on Sunday, Trump complained that the process prevented him from appointing Republican judges.
Why It Matters
Trump appointed 234 federal judges during his first term, according to data from Brookings, including three Supreme Court justices and 54 appellate court judges.
In comparison, Trump’s second term judicial appointments have been much slower with only five judges confirmed in the first seven months. The president has also railed against many district court judges in recent months after they blocked several of his policies on legal grounds.
What Is the Blue Slip?
The blue slip process is a Senate tradition that gives home-state senators a say in the confirmation of federal judges and U.S. attorneys nominated to serve in their state.
When a nomination is made, the Senate Judiciary Committee sends a blue-colored form—called a “blue slip”—to the nominee’s home-state senators, who can approve or oppose the nominee by returning or withholding the form. While not legally binding, this practice has often allowed a single senator to effectively block a nomination.
The process is rooted in senatorial courtesy and is meant to ensure local input in federal appointments. However, it has become a source of controversy, especially when used for partisan obstruction.
How strictly it is enforced depends on the chair of the Judiciary Committee. Critics argue the blue slip process is outdated and undemocratic, enabling political gridlock. Supporters maintain it’s an important check that respects states’ representation in the federal appointment process.
What To Know
In his latest post on Truth Social, Trump took aim at Senate Judiciary Committee Chair Chuck Grassley and pressed him to abandon the blue slip system.
“I have a Constitutional Right to appoint Judges and U.S. Attorneys, but that RIGHT has been completely taken away from me in States that have just one Democrat United States Senator,” Trump said in his post.
“This is because of an old and outdated ‘custom’ known as a BLUE SLIP, that Senator Chuck Grassley, of the Great State of Iowa, refuses to overturn, even though the Democrats, including Crooked Joe Biden (Twice!), have done so on numerous occasions,” Trump wrote.
“Therefore, the only candidates that I can get confirmed for these most important positions are, believe it or not, Democrats!”
In July, Grassley said he was “offended” and “disappointed” following similar criticism from Trump, when he called the blue slip system a “scam.”
In Sunday’s post, Trump called on Grassley to allow Republican candidates to move up through the judiciary.
“Chuck Grassley should allow strong Republican candidates to ascend to these very vital and powerful roles, and tell the Democrats, as they often tell us, to go to HELL!”
Newsweek reached out to representatives of Grassley via email on Sunday for comment.
What People Are Saying
President Donald Trump said in July 29 post on Truth Social: “[Grassley] should do this, IMMEDIATELY, and not let the Democrats laugh at him and the Republican Party for being weak and ineffective. The Democrats have broken this ridiculous custom on us, it’s time that we break it on them. Chuck, I know you have the Courage to do this, DO IT!”
Senator Chuck Grassley said in a 2018 op-ed: “Whether a nominee is suitable for the federal appellate bench is a decision for the entire Senate… My decision upholds the long tradition that blue slips are not ideological weapons for obstructing qualified nominees from receiving hearings.”
What Happens Next?
There are 49 judicial vacancies and seven nominees pending as of Sunday, according to the United States Courts website.
Read the full article here
