September 2025
#BlueStarByte: The Blue Slip Tradition
Region: BlueStarByte
For over a century, the U.S. Senate has adhered to the blue slip tradition, an informal procedural mechanism for Senators to register approval or disapproval of federal judges appointed to serve in their home states. Learn more about the history of the tradition here.
The “blue slip” is a long-standing U.S. Senate tradition used during the confirmation of federal judges. When the President nominates a judge for a state, the Chair of the Senate Judiciary Committee sends a form on blue-colored paper to that state’s two Senators. They may indicate approval or disapproval of the nominee. Though not part of official Senate rules, the practice has been influential for more than a century. Its importance has varied depending on the Committee Chair, who has sometimes treated it as a prerequisite to consider nominations and, other times, only as a courtesy.
The first recorded use of the blue slip dates to 1917, under the tenure of the Texas Democratic Senator, Charles Culberson, as Chair of the Senate Judiciary (1912-1919). Culberson established the practice of requiring only one positive blue slip to be returned to proceed with a nomination. The practice became most controversial under Senator James Eastland of Mississippi’s chairmanship (1957–1978), who required both Senators from a state to provide approval through blue slips before a nominee could advance. Senator Eastland, a proponent of racial segregation, used this power to block judges who supported racial integration, turning the blue slip into a tool of obstruction.
The tradition has continued in various forms through today. Under Senator Chuck Grassley, the current Chair of the Judiciary Committee, he has adhered to the blue-slip tradition primarily to solicit the input of home-state Senators. This has slowed judicial confirmations in Democratic-leaning states, frustrating President Trump, who, last month, argued the practice was unconstitutional and even threatened a lawsuit. Such a legal challenge is unlikely to succeed, though, as the U.S. Constitution allows the Senate to set its own rules.
Supporters argue the blue slip preserves the Senate’s role in balancing presidential power. Critics see it as outdated, vulnerable to partisan misuse, and an obstacle to filling judicial vacancies.