The age-old Senate tradition of the "blue slip," which requires home state senator approval for judicial nominees, has again ignited controversy. This practice, seeming antiquated to some, has been a cornerstone of senatorial courtesy for nearly a century.

During Donald Trump's first term, the Republican party set aside this tradition for appellate court nominees, streamlining the appointment of conservative judges. However, the Democrats have largely adhered to it, with President Joe Biden seeing only two of his nominees confirmed without blue slips. This adherence has notably restricted Biden’s ability to appoint as freely as Trump did, leading to significant GOP influence over the judiciary.

With Republicans reclaiming Senate control, Judiciary Chair Chuck Grassley has continued enforcing the blue slip process for district court and U.S. attorney nominations, much to Trump’s dismay. Trump expressed his frustration in a vociferous social media outburst, which was promptly countered by Grassley’s own online statements.

Grassley defended the tradition on Twitter, stating, "A U.S. Atty/district judge nominee without a blue slip does not have the votes to get confirmed on the Senate floor & they don’t have the votes to get out of committee. As chairman, I set Pres Trump noms up for SUCCESS NOT FAILURE."

Highlighting the benefits Republicans have gleaned from blue slips, Grassley further tweeted, "The 100 yr old 'blue slip' allows home state senators to have input on US attys & district court judges. In Biden admin, Republicans kept 30 LIBERALS OFF BENCH THAT PRES TRUMP CAN NOW FILL W CONSERVATIVES."

Despite these advantages, Trump remains unconvinced, announcing a contentious lawsuit against the blue slip practice at a recent press conference. "We’re going to be filing a lawsuit on blue slipping,” he declared. "Blue slips make it impossible for me as president to appoint a judge or U.S. Attorney because they have a gentlemen’s agreement. It’s nothing memorialized, it’s a gentlemen’s agreement that’s about 100 years old."

Not all Republicans support abandoning the blue slip. Senator Tom Tillis criticized the move as short-sighted, tweeting, "Chairman Grassley is a principled conservative who wants to keep radical liberals off the bench. Getting rid of the blue slip is a terrible, short-sighted ploy that paves the path for Democrats to ram through extremist liberal judges in red states over the long-term."

The proposed lawsuit by Trump adds yet another layer to the ongoing debate over the balance of power and tradition in the U.S. Senate’s judicial confirmation process. This move, while aggressive, aligns with Trump's history of challenging established norms to reshape the judiciary. Only time will reveal the lawsuit's impact on this century-old Senate tradition.