President Donald Trump on Sunday criticized the Senate’s “blue slip” tradition, calling it an unconstitutional infringement on his appointment power and claiming that his rights “have been completely taken away from me in States that have just one Democrat United States Senator.”
The president was referring to his authority to nominate judges and U.S. attorneys, asserting that the practice effectively gives Democrats veto power over his selections.
Sen. Chuck Grassley, R-Iowa, defended the century-old process, saying he considers it a norm worth maintaining to ensure balance and state input.
Trump calls the Senate blue slip tradition an unconstitutional affront to his appointment power. (Rick Scuteri/AP Photo)
Blue slips have long been a Senate tradition but are not codified in law. Constitutionally, the president holds the power to nominate, while the Senate retains authority to approve or reject nominees.
Trump’s frustration with the blue slip practice is longstanding. In July, he described it as a “hoax” and a “scam” used by Democrats to block his nominees, urging Grassley to stop supporting it.
“Put simply, the president of the United States will never be permitted to appoint the person of his choice because of an ancient, and probably unconstitutional, ‘CUSTOM,’” he wrote.
During his first term, Trump appointed 234 federal judges, including three Supreme Court justices and 54 appellate court judges. In contrast, this term he has had only five confirmations in the first seven months.
Trump suggested he may exert pressure to ensure his nominees are confirmed, insisting Grassley shouldn’t yield.
“The only candidates that I can get confirmed for these most important positions are, believe it or not, Democrats! Chuck Grassley should allow strong Republican candidates to ascend to these very vital and powerful roles, and tell the Democrats, as they often tell us, to go to HELL!” he wrote.
Trump’s comments follow a recent ruling by U.S. District Judge Matthew Brann, who determined that Alina Habba had been unlawfully serving as acting U.S. attorney for New Jersey beyond the 120-day limit for temporary prosecutors and that the administration had employed an unusual maneuver to keep her in the position.
The president’s ongoing pressure campaign may influence how many judicial vacancies he can realistically fill in the coming months.
