The century-old Senate custom is blocking Trump’s judges. But conservatives are split on what to do.
Should two senators be able to stop a president from appointing federal judges and prosecutors in their state? That’s what the blue slip tradition does. And in Nevada, it’s keeping President Trump from installing his choice for U.S. Attorney.
What Are Blue Slips?
When the president appoints a federal judge or U.S. Attorney, the Senate sends blue paper to both senators from that state. If they sign it, the nomination moves forward. If they don’t, it can die.
It’s not a law. It’s a tradition from 1917. Senate Chairman Chuck Grassley honors it for district judges and U.S. Attorneys. He stopped using it for circuit judges in 2017.
Nevada’s Standoff
Trump appointed Sigal Chattah as interim U.S. Attorney in early 2025. She fought COVID lockdowns and ran for Nevada Attorney General in 2022.
Nevada’s Democratic senators refuse to return blue slips for Chattah.
Senator Jacky Rosen said last July:
“She is unfit for this role.”
And honestly, they have a point. Chattah has shown a pattern of unethical behavior, vengeful rhetoric, and poor judgment. This raises serious questions about whether she can be trusted with prosecutorial power.
Without blue slips, Chattah can’t get a permanent appointment. A federal judge ruled in September 2025 that her acting appointment was not valid. Nevada’s top federal prosecutor position remains in limbo.
Read our prior coverage: Sigal Chattah’s Legal Limbo: Can an ‘Invalid’ U.S. Attorney Actually Lead a Public Corruption Strike Force?
The Troubling History
For 39 years, a negative blue slip just registered an objection. That changed in 1956 under Senator James Eastland. He was a segregationist Democrat from Mississippi who used blue slips to block judges who might support school desegregation.
Since then, both parties have used blue slips when convenient. Former Nevada Senator Dean Heller blocked President Obama’s nominee Elissa Cadish for over a year starting in 2012. Heller refused to sign her blue slip over Second Amendment concerns.
Both parties use blue slips when it helps them. During Biden’s term, Republicans kept 30 liberal judges off the bench using blue slips. Those seats are now available for Trump.
The Conservative Split
Trump is furious about blue slips, writing on Truth Social:
“Chuck Grassley should allow strong Republican candidates to ascend to these very vital, powerful roles.”
But Grassley pushed back. He wrote:
“A U.S. Atty/district judge nominee without a blue slip does not hv the votes to get confirmed on the Senate floor. As chairman I set Pres Trump noms up for SUCCESS NOT FAILURE.”
Even without blue slips, these nominees would lose Senate votes. Senator Thom Tillis agreed with Grassley.
The Case Against Blue Slips
Many conservatives say blue slips are outdated. The Constitution gives the president the power to nominate with Senate consent. The full Senate should vote, not just two senators.
Democrats broke Senate traditions before. They reduced the votes needed for confirmations.
In 21 states with two Democratic senators, Trump will never get Republican judges confirmed. Those states will have left-leaning judges for decades. This affects public safety. U.S. Attorneys prosecute federal crimes. Empty positions mean justice delayed.
The Case For Blue Slips
Other conservatives defend the tradition. Blue slips protect Senate power. The Constitution created checks and balances.
Home-state senators know their states best. Nevada’s senators understand Nevada better than Washington bureaucrats.
Getting rid of blue slips now means Democrats will use that precedent later. When Democrats control the White House again, they’ll pack courts with liberal judges in Texas and Florida.
If a nominee can’t get 51 votes, why waste time? Blue slips helped conservatives block 30 Biden nominees. Without that tool, 30 more liberal judges would be on the bench.
Nevada’s Real Consequences
For Nevada, this fight has real consequences. Vacancies remain unfilled. The U.S. Attorney position stays in legal limbo. Criminal defendants have challenged Chattah’s authority.
Here’s the irony. The real issue isn’t whether Chattah should be confirmed. She shouldn’t be.
The issue is whether Democrats can use blue slips to block any Republican nominee, no matter how qualified. That’s the precedent fight happening here.
If no compromise happens, this standoff could last years. But if Grassley abandons blue slips, Nevada’s Democratic senators get shut out completely. That could poison relationships for other Nevada priorities.
The Bottom Line
The blue slip tradition has roots in segregation. Both parties have abused it, and it’s not constitutional law.
But it’s been useful to conservatives recently. It forces compromise. It protects state interests. It maintains Senate authority.
This is tough for conservatives who believe in strong executive power and institutional checks. Trump should appoint his judges. But the Senate has constitutional authority too.
What looks good today might backfire tomorrow. When Nevada’s Democrat Senator Harry Reid opportunistically eliminated the filibuster for judges to ram through their nominees, Republicans later used that same broken rule for Supreme Court picks. That’s exactly what we need to be wary of with blue slips.
Good conservative arguments exist on both sides. The decision will shape federal courts for a generation. Whatever precedent gets set now will be used by both parties for decades.
The opinions expressed by contributors are their own and do not necessarily represent the views of Nevada News & Views. This article was written with the assistance of AI. Please verify information and consult additional sources as needed.
