


President Donald Trump has railed against Sen. Chuck Grassley (R-IA) for maintaining the customary use of blue slips in judicial nominations.
Grassley, chairman of the Senate Judiciary Committee, has backed and advocated the continued use of blue slips. The committee typically does not advance judicial nominations unless both senators representing the state where that judge would be located return blue slips approving their nomination.
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Each senator submits a blue slip with their favorable or unfavorable opinion about a nomination. However, they can also choose not to submit one.
The Senate Judiciary Committee has historically honored blue slips and considered the opinion of the two senators, regardless of party, before advancing a nomination.

Introduced into the Senate in the early 1900s, the use of blue slips has changed over the last two decades.
Between 2003 and 2007, if one or both senators returned a disapproval, it would not automatically prevent the committee from advancing a nomination, according to the Congressional Research Service housed in the Library of Congress. However, it was understood at the time that the presidential administration would still consult with the two senators.
From 2007 through 2018, both senators had to approve a nominee to advance them. If one or both senators objected, the committee would not take further action on a nomination.
From 2018 to the present day, it has been understood that blue slips do not necessarily prevent a judicial nominee from advancing to a circuit court nominee, but the presidential administration is expected to consult with the senators. It is still unlikely that district court nominees would advance without two approvals.
In 2019, the first judge to serve on a circuit court without two home state senators’ approval was confirmed. Neither Sens. Patty Murray (D-WA) nor Maria Cantwell (D-WA) returned blue slips in that nominee’s favor.
Following that confirmation, several other judges were confirmed to the appeals courts without approval. By the end of Trump’s first term in office, 17 judges were confirmed with no blue slips or disapprovals from home state senators.
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In his second term, Trump has said the practice is unconstitutional, attacking the premise entirely.
Grassley has supported using blue slips throughout his Senate tenure. On Wednesday, he said he was “offended” by what Trump said about their use. Other senators have supported Grassley despite the president’s criticism.