President Donald Trump is intensifying his efforts to eliminate the Senate's blue slip tradition, which limits his ability to appoint judicial nominees. This century-old practice allows home state senators to approve or reject nominees for federal judgeships and U.S. attorney positions by submitting a blue slip to the Senate Judiciary Committee Chairman. If a senator does not return the slip or submits it with objections, the nominee does not move forward.

Trump's criticism of the blue slip process comes as some of his judicial nominees have faced delays in blue states like New York, where Democratic senators have not returned their blue slips. In a recent social media post, Trump expressed his frustration, stating, "I have a Constitutional Right to appoint Judges and U.S. Attorneys, but that RIGHT has been completely taken away from me in States that have just one Democrat United States Senator."

He further criticized Senator Chuck Grassley, the Judiciary Committee Chairman, for not abolishing the blue slip tradition. Trump claimed that this outdated custom hinders his ability to appoint judges, saying, "This is because of an old and outdated 'custom' known as a BLUE SLIP."

Grassley has consistently defended the blue slip process, asserting that it allows home state senators to have input on judicial appointments. In a post on X, he stated, "A U.S. Atty/district judge nominee without a blue slip does not hv the votes to get confirmed on the Senate floor & they don’t hv the votes to get out of cmte."

Despite Grassley's commitment to maintaining the tradition, Trump has not backed down. During a press conference in the Oval Office, he announced plans to file a lawsuit challenging the blue slip process, although he did not specify against whom he would file. Trump described the blue slip as a gentlemen's agreement that allows a single Democratic senator to block Republican nominees, calling it unconstitutional.

The blue slip tradition, which dates back to at least 1917, is not codified in Senate rules but is a courtesy observed by the committee chairman. This means that the chairman has the discretion to decide whether a negative or withheld blue slip prevents a nominee from being considered.

Trump highlighted the case of Jay Clayton, who was recently appointed as U.S. attorney for the Southern District of New York despite his nomination being stalled due to a lack of support from Senate Minority Leader Chuck Schumer. Trump lamented that the blue slip process limits his ability to appoint Republican judges, stating, "The only person that I can get approved are Democrats or maybe weak Republicans."

While Trump pushes for changes, many Senate Republicans oppose altering the blue slip tradition. Senator Thom Tillis of North Carolina called the idea of eliminating the blue slip "short-sighted," arguing that it could allow Democrats to appoint liberal judges in conservative states. He stated, "Getting rid of the blue slip is a terrible, short-sighted ploy that paves the path for Democrats to ram through extremist liberal judges in red states over the long-term."

Senate Majority Leader John Thune has also expressed reluctance to modify the blue slip process, stating that it has been used by both parties for a long time. He noted, "I don’t think there’s any strong interest in changing that up here."

As the debate continues, the future of the blue slip tradition remains uncertain, with Trump and some Senate Republicans at odds over its implications for judicial appointments.