The “blue slip” process that allows home state senators to approve or block some judicial nominees looks like it will remain in the Senate, despite President Donald Trump’s best efforts.
Senate Republicans have rebuffed Trump’s call to get rid of “blue slips,” which is a process by which both senators from the state of a judicial nominee submit a favorable or unfavorable opinion of them. Failure to get a favorable blue slip often prevents the nominee from receiving consideration from the judiciary committee.
Earlier this summer, Trump called on Senate Judiciary Committee Chair Chuck Grassley, R-Iowa, to have the “courage” to stop honoring the blue slip forms that are submitted to the home state senators, regardless of party. But while Republicans said they are willing to make rule changes to speed up confirmations for Trump nominees, blue slips appear here to stay, Politico reported.
“As a practical matter, the Senate’s not going to give up the blue slip,” Sen. John Kennedy, R-La., a member of the Judiciary Committee, told Politico. “So my appeal to the president is: Please reconsider. Why do we want to have this fight for nothing?”
Mike Fragoso, a former chief counsel for nominations and constitutional law for the Senate Judiciary Committee, said getting rid of the blue slips could lead to Democrats nominating progressive judges in red states.
Trump has fumed about nominees being blocked by Democrats, including the fight over appointing Alina Habba as U.S. attorney for New Jersey and Senate Minority Leader Chuck Schumer, D-N.Y., promising to block Jay Clayton from being named top prosecutor in the Southern District of New York, Politico reported.
Rob Luther, who was involved in judicial confirmations during the first Trump administration, said the conservative base wants to see its judges confirmed.
“The district court blue slip issue is going to come up this term because there just aren’t enough vacancies,” Luther told Politico. “It’s in Republican interest to get rid of the blue slips because we really need to get some solid conservatives in these deep blue states, and it’s the only way it’s ever going to happen.”
Sen. Thom Tillis, R-N.C., said he is concerned what will happen to Republicans if they get rid of blue slips and Democrats retake the Senate.
“We can’t bow to pressure because of legitimate frustration in the moment,” Tillis told Politico. “I get President Trump is frustrated. But I also understand, as somebody who’s spent 10 years in this institution and 10 years on Judiciary, it would be a bad idea. And he would even regret it.”
Information from The Associated Press was used in this report.
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