Senate Republicans confirmed half a dozen of President Donald Trump’s judicial nominees last week, continuing a quick pace to green-light as many of his picks as possible.
While the Senate GOP is moving fast to confirm Trump’s judicial nominees, the president and some of his allies want to eviscerate an over-century-old tradition in the Senate that provides bipartisan guardrails to the judicial nomination process.
They contend that the blue slip tradition is slowing down Republicans from being able to confirm picks, and that Democrats are holding the process hostage.
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“Nuking the blue slip would be a huge mistake,” Sen. Thom Tillis, R-N.C., told Fox News Digital.
Tillis, like several other Republicans, has argued that the blue slips are a valuable tool of the minority, and that inevitably, the GOP would need to use the tradition to their advantage when Democrats regain control of the upper chamber.
The Senate has confirmed 33 judges since the start of Trump’s second term, a figure that dwarfs the number of total judicial nominees, including U.S. attorneys, district and circuit court judges, moved through the upper chamber during his first go-round in the White House.
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During the first year of his first term, the Senate confirmed 19 Article III nominees, including Supreme Court Justice Neil Gorsuch.
Though Republicans are far ahead of Trump’s first time clip, Democrats under former President Joe Biden still outpaced them in this metric. Biden clocked 42 total judicial nominees confirmed during the first year of his term.
Whether the Senate can outpace Trump’s final total of 234 judicial nominees from his first term remains to be seen, but for now the blue slip appears to be safe.
Still, Trump sounded off on the practice late last year in the Oval Office, arguing that the GOP should “get rid of blue slips, because, as a Republican President, I am unable to put anybody in office having to do with U.S. attorneys or having to do with judges.”
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Much of his frustration with the tradition, which has been around for over 100 years in the upper chamber, likely stemmed from the nominations of Alina Habba and Lindsey Halligan getting derailed by blue slips last year.
He’s taken his frustrations out on Senate Judiciary Committee Chair Chuck Grassley, R-Iowa, a vocal proponent of the practice, and other Republicans that want to maintain the tradition.
Notably, Grassley modified the tradition in 2017 to allow for circuit court judges to skirt the process, further boosting the number of judges Republicans were able to confirm under Trump despite Democratic objections.
When asked if the Senate’s pace in confirming judicial nominees further affirmed that the blue slip was here to stay, Grassley told Fox News Digital, “It doesn’t need to be a present question.”
“Because it’s a question of 110 years, and everybody in the Senate wants to maintain the blue slip,” Grassley said.
