Q&A: Blue slips
Q: What is the blue slip tradition in the U.S. Senate?
A: The blue slip refers to a paper form, literally a blue piece of paper, the Senate Judiciary Committee has used for more than a century to give home-state senators the courtesy to show their endorsement or disapproval for a presidential nomination in their home state. It was designed to encourage consultation between the White House and senators for lifetime appointments to the federal bench, as well as U.S. attorneys and U.S. marshals.
Article II of the Constitution creates a shared authority between the Senate and the president to make treaties and appoint federal officials, including judges, members of the Cabinet and other officers of the United States. Specifically, the Constitution empowers the president to nominate individuals for federal position “by and with the Advice and Consent of the Senate.” The blue slip is a mechanism to implement the Senate’s constitutional obligation to offer advice and consent. This is a fundamental example of our system of checks and balances. Keeping check on the other two branches prevents government overreach and ensures the will of the people is reflected in government decisions.
While this century-old practice may not seem like it would impact the everyday lives of Iowans, it has consequential influence on public safety right here at home. The blue slip preserves the ability of lawmakers to shape the types of prosecutors and judges who serve the public, uphold the rule of law and resolve disputes in the community. It provides an assurance that the White House will consult with home-state senators during the nomination process.
During my tenure as chairman of the Senate Judiciary Committee, I have strongly supported collaboration between the White House and home-state senators in the nomination process. I’ve abided by precedent set by former chairs of the committee and called out the absurdity of having two sets of rules, depending on which party holds the White House or controls the agenda in the Senate. What’s good for the goose, is good for the gander.
Q: Why should the blue slip remain in place?
A: For years, I’ve consistently pushed back on misguided efforts to abolish the blue slip that would neuter the Senate’s authority of advice and consent. I’ve served on the Senate Judiciary Committee since my first term in the U.S. Senate. Over more than four decades, I’ve seen what happens when the Senate’s rules, procedures and precedents are chipped away for partisan expediency. In 2013, when then-Senate Majority Leader Harry Reid of Nevada used the so-called “nuclear option” to change Senate rules to require only a simple majority (51 votes) to confirm executive branch and judicial nominee, I warned lawmakers that what comes around, goes around. I said a day of reckoning would arrive when the tables would turn and Republicans would follow in their footsteps to steam roll the minority party. Don’t forget, the U.S. Senate is the world’s greatest deliberative body. Alexis de Tocqueville warned against the “tyranny of the majority” in his work “Democracy in America.” The constitutional writers crafted the upper chamber to be deliberative in nature, compared to the majority rule in the U.S. House of Representatives.
Without the blue slip, home-state senators would have no input on who the president appoints to prosecute crimes as the lead federal prosecutor or sit for lifetime appointments on the federal district court that oversees cases, conducts trials and applies the law in their states. The blue slip prevents one party from jamming through nominees who don’t align with the values in the communities they would serve. It ensures home-state senators retain a say on behalf of their constituents. If the Senate Judiciary Committee relegated the blue slip to the ash heap of history, the deference given to home-state senators regarding these consequential federal positions would be gone with the wind. That’s why the majority of all senators support the blue slip, including the majority of those sitting on the Judiciary Committee. Simply put, there are not enough votes in the Senate to advance a district judge, U.S. attorney or U.S. marshal nominee who doesn’t have a blue slip.
In recent history, the U.S. Congress has delegated too much authority to the executive branch, from handing the legislative pen to federal agencies to write the rules and giving away tariff powers to the president. We must protect the constitutional authorities of the legislative branch to preserve the separation of powers and strengthen our system of checks and balances. The blue slip is one tool the Senate must keep in its tool box to help keep the people’s branch accountable to the people.
U.S. Sen. Charles Grassley, a Republican, represents Iowa.