August 19, 2025


Senate Republicans Hold Firm on Judicial Nomination Tradition Despite Trump's Pressure

Last month, former President Donald Trump launched a vigorous campaign urging Senator Chuck Grassley to end the Senate's longstanding tradition of the "blue slip" in judicial nominations. This practice allows home-state senators to have a say in approving district court judges and U.S. attorneys serving their states. Despite the push, which included a barrage of social media attacks, Senate Republicans have stood firm, choosing to maintain the tradition.



Trump's frustration was evident when he took to Truth Social, claiming he was instrumental in Grassley's re-election and demanding changes to expedite his nominees' confirmation processes. However, he faced a solid rebuff from his party, indicating a rare but clear divergence from the former president's directives.



According to Senator John Kennedy (R-La.), a member of the Judiciary Committee, the necessity to retain the blue slip process is clear. "As a practical matter, the Senate's not going to give up the blue slip,” Kennedy stated, highlighting the potential futility in Trump’s demands.



This stance is not just about sticking to tradition but also reflects a strategic consideration to protect future judicial appointments. Mike Fragoso, a former chief counsel for the Senate Judiciary Committee, noted that eliminating blue slips could expose future Republican seats to progressive nominees under Democratic administrations, with little to gain in return.



Despite prior adjustments to the blue slip rule under Grassley's leadership in 2017, which allowed some of Trump's circuit court nominees to proceed without unanimous home-state senator approval, there remains staunch support for keeping the process intact for more localized judicial positions.



The ongoing battle over nominations has also seen direct impacts, such as the contentious appointment and reappointment of Alina Habba as the interim U.S. attorney for New Jersey, opposed by the state’s Democratic senators. This situation underscores the complex dynamics and significant implications tied to the blue slip process.



Senate Minority Leader Chuck Schumer has also wielded the blue slip rule effectively, blocking Jay Clayton's nomination as the top federal prosecutor in the Southern District of New York. This has further demonstrated the blue slip's power as a political tool.



The debate over the blue slip policy continues to evoke strong opinions. Rob Luther, a former top judicial confirmation official under Trump, argued that the policy prevents filling important judicial vacancies and should be reconsidered. Yet, others, like Senator Thom Tillis (R-N.C.), warn of the long-term consequences of such a shift, especially if Democrats regain Senate control.



As discussions continue, the blue slip remains a pivotal element of Senate procedure, with significant implications for the balance of judicial power and the interplay of political strategy.