The blue slip refers to a piece of paper in the color blue that the Senator returns to the Senate Judiciary Committee to indicate their position on the nominee.
Origin of “Blue Slips”
The tradition has been in place for over a century and is seen as a way for Senators to exert influence over the selection of federal judges in their state.
In practice, a positive blue slip means that the Senator supports the nominee, while a negative blue slip signals opposition.
If both Senators from a nominee’s home state return negative blue slips, it is seen as a signal to the Judiciary Committee that the nominee lacks broad support from the state, and the Committee may choose not to proceed with the nomination.
The blue slip tradition has evolved over time, with different Senate Judiciary Committee chairs interpreting the tradition differently.
In recent years, some Committee chairs have taken a more permissive approach, allowing nominees to proceed even if one of the home state Senators has returned a negative blue slip.
Other Committee chairs have been more stringent, requiring both Senators’ support before proceeding with a nomination.
Regardless of the interpretation, the blue slip tradition has been seen as an important check on the executive branch’s power to make judicial nominations.
It gives Senators a say in the selection of federal judges in their state and ensures that nominees have broad support from the state they will serve.
However, the blue slip tradition has also faced criticism, particularly from those who see it as a way for Senators to obstruct judicial nominations.
Critics argue that the tradition can be abused by Senators who use negative blue slips to block nominees they disagree with, regardless of the nominee’s qualifications.
In recent years, the blue slip tradition has come under increased scrutiny, particularly with the highly partisan nature of federal judicial nominations.
Some Senators have been accused of using the blue slip tradition to block nominees they disagree with politically, even if the nominee has strong credentials.
The term is easily confused with blue-slipping.
Use of “Blue Slips” in a sentence
NPR (May 29, 2014): “These are literally light blue slips of paper senators can use to block any White House choice for judgeships in their home state.”
Hartford Courant (February 25, 2023): “A blue slip returned with a positive response signals the senator's approval of moving forward with a nomination hearing.”
National Women's Law Center (2017): “Under the Senate's longstanding 'blue slip' tradition, judicial nominees as a general principal do not move forward through the confirmation process over objections from Senators from the nominee's home state.”