President Donald Trump has thrown down the gauntlet, promising a lawsuit to challenge the Senate's century-old blue slip custom that lets individual senators block his judicial and U.S. attorney picks. This bold move signals a deepening rift within Republican ranks over how to handle Democratic obstruction in the upper chamber.
According to Fox News, Trump targeted the blue slip tradition, a practice giving home-state senators veto power over district court and U.S. attorney nominees, as the primary obstacle to his appointments. Democrats have wielded this tool to slow-walk his selections since he began his second term, prompting his call for Senate Judiciary Chair Chuck Grassley to scrap the custom entirely.
Trump doubled down on Monday, telling reporters in the Oval Office that blue slips make it "impossible" for him to appoint judges or U.S. attorneys in states with a single Democratic senator. He called the practice a mere "gentleman's agreement," outdated and unbinding, yet crippling his constitutional right to shape the judiciary.
Senate Judiciary Chair Chuck Grassley, a Republican from Iowa, pushed back hard against Trump's demands, arguing that blue slips are essential for strategic reasons. He insisted that without them, Trump's nominees would lack the votes to clear the committee or win confirmation on the Senate floor.
Grassley took to X on Monday, stating that as chairman, he sets Trump's nominees "up for SUCCESS NOT FAILURE." His point is clear: abandoning this tradition now could doom the very candidates Trump wants confirmed.
Further defending the practice, Grassley highlighted its value to Republicans during the Biden administration, noting that it allowed them to block 30 liberal appointments. This, he argued, left vacancies for Trump to fill with conservative picks upon taking office.
Democrats have indeed leveraged blue slips to stall Trump's agenda, with Senate Minority Leader Chuck Schumer of New York using his privilege to reject U.S. attorney nominees for key districts in his state. Sens. Cory Booker and Andy Kim of New Jersey similarly objected to Alina Habba's nomination for U.S. attorney, complicating her interim role.
Habba's case illustrates the blue slip's bite, as her initial term expired, a judicial panel declined to extend it, and Trump later withdrew her nomination before restoring her interim status. Grassley noted that the Judiciary Committee never even received the necessary paperwork to vet her, underscoring the procedural chaos these objections create.
Trump vented his frustration, claiming that blue slips force him to settle for Democratic candidates in crucial roles since only they can survive the veto gauntlet. He urged Grassley to tell Democrats to "go to HELL," a sharp jab at a party he accuses of exploiting Senate customs while ignoring them when it suits their own leaders.
The broader context of Trump's ire is a stalled Senate confirmation process, with Democrats jamming up his picks across the board since his return to office. Negotiations between Republicans and Democrats collapsed before the August recess, leaving many nominees in limbo with no clear path forward.
Trump has repeatedly singled out Grassley, pressing him last month to show "courage" and ditch the tradition, which isn't even codified in law. Yet Grassley's resistance suggests a belief that preserving this tool benefits conservatives in the long game, even if it frustrates the president now.
With senators set to return after Labor Day, finding a resolution to this deadlock ranks high on the Republican agenda. Altering the confirmation process might be the only way to break the logjam, though it risks further eroding Senate norms in an already polarized chamber.
At its core, Trump's legal threat and public sparring with Grassley reflect a deeper struggle over who controls the levers of judicial power. He argues that his right to appoint judges and U.S. attorneys has been "completely taken away" by a relic of Senate courtesy, a point that resonates with those wary of unchecked partisan gridlock.
Yet Grassley's counterargument carries weight too, as blue slips have shielded Republican interests in the past and could again if the political winds shift. This isn't just a procedural spat; it's a chess match over the future of America's courts, with both sides playing for keeps.
Trump's lawsuit, if filed, will test whether the judiciary can or should intervene in Senate traditions, potentially reshaping how nominees are handled for generations. Until then, this clash between a determined president and a steadfast senator leaves conservatives watching a high-stakes showdown, hoping for a strategy that secures lasting wins over fleeting victories.
