Senate Judiciary Committee Chairman Chuck Grassley has taken a stand in support of President Donald Trump's judicial nominees, insisting on the importance of securing backing from home-state senators before proceeding with confirmation votes.
According to the Daily Caller, Grassley has emphasized the significance of the longstanding "blue slip" tradition, a practice that has been in place for over a century. He argued that without the blue slip, Trump's nominees would fail to garner the necessary votes to pass the committee stage.
"A [U.S. Attorney] or district judge nominee without a blue slip does not [have] the votes to get confirmed on the Senate floor, & they dont [have] the votes to get out of [committee]," Grassley stated. He further added, "As chairman I set [President Trumps nominees] up for SUCCESS NOT FAILURE."
The blue slip tradition is a procedural step in the nomination process. When a President nominates a U.S. circuit or district court judge, the Judiciary Committee chairman sends a blue slip to the nominees home-state senators. These senators then have the power to approve, reject, or withhold the slip, effectively controlling the pace of the nomination.
Grassley's stance has drawn criticism from fellow Republicans, particularly following his recent clarification regarding the withdrawal of Alina Habba's nomination for New Jersey's top federal prosecutor. Grassley revealed that the committee "never received any of the paperwork needed for the Senate to vet her nomination."
President Trump, on the other hand, has been vocal about his dissatisfaction with the blue slip tradition. He argued that this practice undermines his "constitutional right to appoint judges and U.S. Attorneys" and allows a single Democrat to obstruct his nominees. He criticized Grassley for upholding what he termed an "old and outdated custom," and urged him to allow strong Republican candidates to ascend to these crucial roles.
In response to Trump's criticism, Grassley defended the blue slip process during a Judiciary Committee hearing, stating that the practice directly influences who serves in their states. "The 100-year-old blue slip allows home state senators to have input on U.S. attorneys and district court judges," Grassley wrote. "In the Biden administration, Republicans kept 30 liberals off the bench that President Trump can now fill with conservatives."
The ongoing delays, which Republicans attribute to an unprecedented Democratic blockade, have raised questions about whether GOP senators are pushing hard enough. Senate Majority Leader John Thune is caught between two options: either pile up cloture votes to push Trumps nominees through, extending floor time, or adjourn and give the President the chance to make recess appointments.
However, the former option risks stalling other legislation and triggering a political backlash. After negotiations between Trump and Senate Minority Leader Chuck Schumer fell through, Thune proceeded with a rule change modeled on those used by former Senate leaders Mitch McConnell and Harry Reid.
While Thune has pointed fingers at Democrats for the backlog, some conservatives argue he should have acted more aggressively to expedite the process. Senate rules prevent the chamber from handling legislation and executive business simultaneously, meaning a flood of nominations would halt legislative work.
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