September 23, 2026

Donald Trump has long expressed frustration over a Senate tradition which allows senators to block judicial nominees from their home state through a method known as the "blue slip." As the potential future chair of the Judiciary Committee, Utah Senator Mike Lee could play a pivotal role in the future of this practice, should the Republicans maintain control of the Senate after the midterms.
The blue slip process is not just a formality but a significant tool that senators use to exercise influence over judicial appointments within their states. Historically, this process has allowed either party to block nominees they oppose without a public hearing. Trump, however, views it as an unnecessary obstruction to his judicial appointments.
Lee, considered a staunch MAGA supporter, has indicated a nuanced stance in recent interviews. While acknowledging the lack of desire to completely abolish blue slips, he mentioned that the procedure has evolved over time and suggested openness to further changes. "The blue slip itself has had a lot of evolution, and it's almost never static," Lee stated, hinting at possible adjustments without full elimination.
This stance places Lee at a potential crossroads with both former President Trump, who advocates for the total removal of blue slips, and some of his Republican colleagues who prefer to maintain the status quo. Trump has been vocal, criticizing current Judiciary Chair Chuck Grassley for continuing what he calls a "scam."
The pressure from Trump is expected to mirror that faced by Grassley, with public campaigns likely aimed at influencing Lee's decisions. However, within the Senate, many hope Lee will adhere to tradition. Senator John Cornyn from Texas expressed his expectation that Lee, as a traditionalist, will honor the blue slip process.
Yet, the political dynamics could complicate matters for Lee. In a tightly held Republican majority, even a small number of dissenting Republican senators could thwart efforts to change the blue slip tradition. This situation was highlighted by Grassley who noted that a nominee without a blue slip does not typically have the votes to get confirmed.
The debate over the blue slip is not new. The Republican party had previously modified the blue slip process during Trump's first term for circuit judges, arguing that appellate courts, which cover larger regions, should not be hindered by a single senator's objection. Lee himself pointed out during a 2018 Judiciary Committee hearing that the blue slip "is not, and never has been, codified as a rule."
As Lee contemplates the future of the blue slip, he faces a balancing act between the pressures from Trump and the preferences of his Senate colleagues. With the evolving political landscape and the historical significance of the blue slip tradition, Lee's decisions could have lasting implications on the judicial appointment process.