President Donald Trump is intensifying his campaign to overturn a decades-old Senate tradition known as the blue slip, which empowers home-state senators to block the confirmation of U.S. district court and U.S. attorney nominees. In a statement on Monday, Trump hinted at a potential legal challenge, claiming the practice violates the Constitution and is an outdated ‘gentlemen’s agreement.’ This comes as tensions with Senate Judiciary Committee Chair Chuck Grassley continue to rise, with Trump accusing Grassley of obstructing his agenda by upholding the blue slip convention.
The Justice Department has not yet responded to inquiries about the possible lawsuit, though legal analysts suggest that an executive branch suing Congress over its internal procedures appears highly unlikely due to the judiciary’s traditional role of intervening in political matters. The blue slip, although not a formal rule or constitutional provision, has been a longstanding practice, upheld by tradition and party dynamics. Trump’s attempts to overturn it have been met with resistance from most Republican senators, who fear it may backfire if they lose power and cannot block future nominees from a Democratic administration.
Grassley, in defending his position, emphasized the importance of the blue slip in ensuring the confirmation of nominees, arguing that without it, candidates would lack the necessary support to secure Senate approval. The issue has further intensified following a recent U.S. district court ruling that found Alina Habba, an acting U.S. attorney in New Jersey, had been serving without legal authority, prompting Trump to withdraw her nomination and highlight the ongoing dispute with New Jersey Democratic senators.
As the debate continues, both sides remain steadfast in their positions, with Grassley defending the blue slip as a crucial mechanism for maintaining judicial balance, while Trump insists it is an obstacle to his vision of a more ideologically aligned judiciary.