Blue Slip Blocking Trump Judges: Grassley & Thune Defend Racist Senate Tradition

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Good Thursday morning, Patriots, and welcome back to O'Connor's Right Stand. I'm your host, John O'Connor, software programmer by day, conservative truth seeker by night. I want to talk to you today about something 99 % of Americans have never heard of. It's called the Blue Slip, and it's the reason President Trump can't appoint judges and prosecutors in the states that need them most. Just two days ago, Alina Haber, Trump's former attorney,

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was forced to resign as US Attorney for New Jersey. Not because she did anything wrong, but because Democrat Senators Cory Booker and Andy Kim used something called a blue slip to block her confirmation. Trump has seven US Attorneys who are about to lose their positions because of this same process. He can't get judges confirmed in New York, California, New Jersey, Illinois, or Virginia.

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the exact states where crime is out of control and prosecutors refuse to enforce the law. And here's what makes me furious. This blue slip tradition isn't even a law. It's a gentleman's agreement from 1917, but it was weaponized in 1956 by a segregationist Democrat senator to block judges who supported civil rights. That's right.

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The blue slip was turned into a veto power by a racist to stop school integration. And today, Republican Senators Chuck Grassley and John Thune are defending this relic. So here's the question. If your own party won't help you appoint judges in Democrat-run states, do you really have power? Or are Republicans playing by rules that Democrats abandon the second it benefits them? The Right Stand starts now.

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What is the blue slip? Let me explain what this thing actually is. The blue slip is literally a piece of blue paper. When the president nominates someone to be a federal district judge or a U.S. attorney, the Senate Judiciary Committee sends a blue slip to both senators from that state. The senators can return it with a positive recommendation, a negative recommendation, or just not return it at all. Here's the kicker. This isn't in the Constitution.

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It's not a law. It's not even an official Senate rule. It's a tradition that started in 1917 when Senator Charles Cubleson of Texas decided to ask home state senators their opinion. For the first 40 years, a negative blue slip was just a recommendation. The Judiciary Committee could still hold hearings and vote. The Senate could still confirm the nominee. But that all changed in 1956.

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and the man who changed it was Senator James Eastland of Mississippi. James Eastland was one of the most notorious segregationists in American history. He called the Supreme Court's Brown versus Board of Education decision the greatest crime in the history of the nation. Eastland said segregation was the law of nature and the law of God. He was a plantation owner in Sunflower County, Mississippi, who believed African Americans were an inferior race.

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He fought every single piece of civil rights legislation that came before the Senate. In 1956, two years after Brown versus Board, Eastland became chairman of the Senate Judiciary Committee, and he immediately changed the Blue Slip policy. Before Eastland, if a senator opposed a nominee, the committee would still hold hearings. The Blue Slip was advisory. It gave senators a voice, but it wasn't a veto.

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Under Eastland, if either senator withheld their blue slip, the nomination was dead. No hearing, no vote, done. Why? Because federal courts were about to enforce school desegregation across the South. Brown versus Board had just declared separate but equal unconstitutional. Federal judges would be ordering schools to integrate, and Eastland wanted to make sure no judge who supported integration

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would ever get confirmed in Mississippi or any other southern state. Law professor, Tuan Samahan from Villanova explained it perfectly. Eastland endowed the blue slip with veto power to among other things, keep Mississippi's federal judicial bench free of sympathizers with Brown versus Board of Education. It was devastatingly effective. Eastland served as judiciary chairman for 22 years from 1956 to

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to 1978. For more than two decades, he used the blue slip to blot pro-civil rights judges across the South. Federal district courts in southern states remain dominated by segregationist judges who slow-walked or outright refused to enforce desegregation orders. And today, more than 60 years later, Republican senators are defending Eastland's policy. They are calling it a vital Senate tradition.

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that protects home state input. Let me ask you, when a tradition was created by a segregationist specifically to block integration and civil rights enforcement, should we be preserving it? Or should we recognize it for what it is? A Jim Crow relic that has no place in modern governance? Fast forward to 2025. Guess who's using the blue slip? Democrats. Aggressively. Ruthlessly.

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In April, Senate Minority Leader Chuck Schumer announced he was withholding blue slips for two of Trump's U.S. attorney nominees in New York, Jay Clayton for the Southern District and Joseph Nosella for the Eastern District. These are two of the most important prosecutorial offices in the entire country. The Southern District of New York handles Wall Street fraud cases, terrorism prosecutions, and public corruption. It's been called the Sovereign District of New York.

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because of its power and prestige. The Eastern District handles organized crime, MS-13 gang cases, and immigration violations coming through JFK Airport. Schumer's reasoning for blocking them? He said Trump intends to use the Justice Department as weapons to go after his perceived enemies. He called Trump's motivations deeply corrosive to the rule of law. Let that sink in. Schumer is blocking federal prosecutors in New York

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A city drowning in crime because he's worried Trump will actually prosecute criminals. That's the excuse. And it's not just in New York. In New Jersey, Democrat Senators Cory Booker and Andy Kim blocked Alina Jabbah. She was appointed as interim U.S. attorney in March after the previous U.S. attorney resigned. Her 120-day interim term expired in July. The federal courts wouldn't extend it because she didn't have Senate confirmation.

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and she couldn't get Senate confirmation because Booker and Kim flat out refused to return their blue slips. They wouldn't even meet with her. The Justice Department tried some creative legal maneuvers to keep Habba in the position, but last week the 3rd Circuit Court of Appeals ruled that those maneuvers were unlawful. On Monday, Habba resigned. She said in a statement, uh

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I have decided to step down." But notice what she also said, do not mistake compliance for surrender. Trump was furious. At a White House roundtable Monday, he said, we have about seven US attorneys who are not going to be able to keep their jobs much longer because of the blue slip. I can't appoint a US attorney that's not a Democrat because they put a block on it. He continued, if I put up George Washington and Abraham Lincoln to be US attorney in New Jersey,

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They will put a hold on it. It's a shame. And the Republicans should be ashamed of themselves that they allow this to go on. And Trump's absolutely right. Because Republicans could have abolished the blueslip for U.S. attorneys and district judges. They already did it for circuit court judges back in 2017 under Grassley's leadership. But for district judges and U.S. attorneys? Grassley and Thune say no? We are keeping the tradition? Why?

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They claim it encourages consultation between the White House and home state senators. They say it protects local input and ensures quality nominees who understand their communities. But here's my question. Did Democrats consult when they blocked Trump's nominees? Did Schumer sit down with Trump to find candidates that they could compromise on for New York? Did Booker meet with Haba to discuss her qualifications? No. They just withheld the blue slip and killed the nominations.

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This is the fundamental problem with Republicans. We play by the Queensberry rules while Democrats are using brass knuckles and broken bottles. Let's talk about the two senators who could end this, Chuck Grassley and John Thune. Grassley is chairman of the Senate Judiciary Committee. He's 91 years old and been in the Senate since 1981. He controls whether nominees get hearings. John Thune is the Senate Majority Leader.

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He controls the Senate schedule and could change the rules. Back in July, Trump begged them to act. He posted, Chuck Grassley, who I got reelected to the US Senate when he was down by a lot in Iowa, could solve the blue slip problem with a mere flick of the pen. Trump called it ancient and probably unconstitutional. Grassley's response? Well, he was offended. He said,

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I was offended by what the president said and I'm disappointed that it would result in personal insults. Thune said he doesn't believe there's any strong interest in eliminating the blue slip. He claimed both parties have honored it historically. Really Senator? What about when Democrat Chairman Dick Durbin advanced Andre Mathis to the 6th Circuit in 2022 despite Tennessee Senators withholding blue slips?

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What about when Grassley himself advanced circuit nominees in 2017 without blue slips? The rules change depending on who's in power. Republicans are too scared to use that power when they have it. Senator Tom Tillis said eliminating blue slips would pave the path for Democrats to ram through extremist liberal judges in red states. But here's my question, Senator Tillis. Do you really think Democrats will honor blue slips next time they control everything?

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after they nuked the filibuster for judges in 2013, after they tried to pack the Supreme Court. Republicans keep following the rules. Democrats just change the rules whenever they want. Let's talk about what this means for Americans. Trump said on Monday that approximately seven U.S. attorney positions are either blocked or in jeopardy because of blue slips. Here are the key examples. New York Southern District. Jay Clayton blocked by Schumer. This office handles Manhattan.

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Wall Street fraud and terrorism cases. New York's Eastern District, Joseph Nosella, blocked by Schumer. This office handles Brooklyn, organized crime and MS-13 gang cases. New Jersey, Alina Jabbah, just resigned Monday after Democrat senators blocked her confirmation. And several other positions in California, Illinois and Virginia where Democrat senators are using blue slips to stonewall Trump's nominees. U.S. Attorneys are the top

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federal prosecutors in their districts. They decide which cases get prosecuted. They set enforcement priorities. When you have acting U.S. attorneys who can't get confirmed, it creates chaos. Defense attorneys challenge their authority. Courts must rule on whether indictments are valid. Trials get delayed. Sentences get postponed. Criminals walk free.

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In states like New York and New Jersey, where progressive district attorneys already refuse to prosecute crimes, the U.S. Attorney's Office is the last line of defense against violent criminals, organized crime, and public corruption. But Democrats don't want Trump's prosecutors there. They want prosecutors who will look the other way when Antifa riots, who won't prosecute illegal immigration, who won't go after political corruption if Democrats are involved. And Senate Republicans are letting it happen because of

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tradition. Here's the question every Republican senator needs to answer. What happens when Democrats take back the Senate? Republicans keep acting like there's mutual respect in the Senate. That's fantasy. Democrats abandoned those norms years ago. Harry Reid eliminated the filibuster for executive appointments and lower court judges back in 2013. Mitch McConnell extended it to Supreme Court nominees in 2017. The pattern is clear.

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Democrats change rules when it benefits them. Republicans follow rules even when it hurts them. Grassley used blue slips to block about 30 Biden nominees. But when Democrats take power again, they will eliminate the blue slip, and Republicans will be left holding the bag. Tillis assumes Democrats will honor blue slips when they are in control. Based on what evidence? Based on Harry Reid's respect for tradition? Come on. Now,

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Trump has made an interesting legal argument. He says the blue slip is unconstitutional. Here's his reasoning. Article 2, Section 2 of the Constitution says the President shall nominate and by and with the advice and consent of the Senate shall appoint judges and other officers. The Constitution gives the Senate as a body the power to provide advice and consent. Not individual senators, not home state senators. The Senate.

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Trump argues that allowing a single Senator to veto a nominee violates the President's constitutional authority, and back in August, he threatened to sue over it. Now, legal scholars seem to be divided on this. Some say the Senate has the power to set its own rules under Article 1. Others say that while the Senate can have internal procedures, those procedures can't nullify the President's constitutional powers. It's an open question.

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But here's what's not an open question. The blue slip is not in the Constitution. It's not a law. It's a custom. And customs can be changed. Ted Kennedy changed it in 1979 when he became Judiciary Chairman. He said he didn't want a single senator to have unilateral veto power. He weakened the blue slip so negative slips wouldn't automatically kill nominations. Strom Thurman kept Kennedy's policy when Republicans took over.

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But then Democrat Patrick Leahy reinstated the strict blue slip policy when he became chairman in 2001. And Grassley? already eliminated blue slips for circuit court nominees back in 2017. He advanced nominees like David Strauss to the 8th circuit and Kyle Duncan to the 5th circuit despite home state senators withholding blue slips. So Grassley has the authority. He's used the authority. He just won't use it to help Trump.

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appoint US attorneys and district judges. Why? Maybe he's worried about precedent. Maybe he thinks Democrats will retaliate. Maybe he genuinely believes in senatorial courtesy. But whatever his reason, the result is that Trump can't appoint prosecutors in the states that need them most. And that's just simply unacceptable. Patriots, this is where you come in.

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Grassley and Thune think there's no pressure to change this. They think Americans don't care because it's too complicated. Prove them wrong. Call Chuck Grassley's office. 202-224-3744. Tell him you want the blue slip eliminated for US attorneys and district judges. Tell him you're tired of Democrats weaponizing traditions while Republicans defend them. Call John Thune's office. 202-224. oh

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2321 Tell them Americans elected Trump with a mandate to fix the Justice Department Tell them you expect Senate Republicans to help not obstruct Now don't worry if you didn't write these numbers down at the end of the episode. I will repeat the phone numbers So if you're in Iowa or South Dakota make it clear you are watching you will remember this at the next election This isn't about Senate procedure

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This is about whether Trump can actionally govern. If he can't appoint prosecutors in New York, California, and New Jersey, states with the worst crime and the most corruption, then what exactly did we elect him to do? Here's what this comes down to. Republicans are terrified of using power. They are scared Democrats will call them hypocrites. They are worried about precedent. They are concerned about what might happen in 10 or 20 years.

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But while Republicans worry about the future, Democrats are winning right now. Trump won the popular vote. Republicans control the Senate. Yet Trump can't get nominees confirmed in half the country because two Republican senators won't change a rule created by a segregationist. At some point you have to ask, are Republicans interested in governing or just losing with honor? The blue slip isn't sacred.

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It's not in the Constitution. It's a Jim Crow relic repurposed as a tool of obstruction. My message to Grassley and Thune. Man up. You have the power. You have the authority. You have the votes. Use them. Trump is trying to appoint prosecutors who will enforce the law. Your job as Republican senators is to help him, not hide behind a 60-year-old tradition created by a racist.

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The American people are watching and we are tired of excuses. Patriots, the blue slip sounds reasonable on the surface. Home state senators should have input, fine. But when that input becomes an absolute veto, used only to block the opposing party's nominees, it's not tradition anymore. It's a weapon. Democrats are using that weapon against Trump while Republicans defend their right to use it. That's insane.

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Alina Jaba resigned Monday. Seven more US attorneys are in limbo. Trump's nominees are stuck. All because Grassley and Thune won't stand up to a tradition created by a segregationist in 1956. The blue slip is not a law. It's not in the Constitution. It's a choice. And Grassley and Thune are choosing to let Democrats block Trump's nominees. Call them. Email them. Tweet at them. Make

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noise. The only way this changes is if they feel pressure from us. Ask yourself, if Republicans won't use power when they control the Senate, what good is having power in the first place? Well, patriots, that's our show for today. The Blue Slip is a relic of segregation, and it's time to throw it in the garbage where it belongs. If you haven't already, make sure to hit that subscribe, follow, and or like button.

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It really helps me out and thank you in advance. And once done here, head on over and check out O'Connor's Quick Strike. Remember, Quick Strike airs Monday, Wednesday, and Friday. This podcast is Tuesdays and Thursdays. You can find us on X at O'Connor Podcasts. Share this episode with anyone frustrated watching Senate Republicans play by rules that the Democrats ignore. And call Grassley at 202-224-3744. And call Thune at 202-224-23-

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Tell them to eliminate the blue slip and let Trump appoint his judges. Have a great rest of your day. Until next Tuesday, hold the line unapologetically. This is John O'Connor, signing off.