Congress
Mike Lee could soon be in position to grant Trump a big Senate wish
Donald Trump has long fumed over a Senate practice that lets Democrats effectively veto some of his judicial nominees. He might soon have an ally in a position to do something about it.
Utah Sen. Mike Lee is poised to chair the Judiciary Committee should Republicans manage to keep control of the Senate in the midterms. That would give the MAGA stalwart the power to decide the fate of the “blue slip,” which lets senators block any home-state district court judge, federal marshal or U.S. attorney nomination they oppose.
The decision risks pitting Lee against his Senate GOP colleagues, many of whom support the status quo. It also all but guarantees a public pressure campaign from Trump, with whom Lee has worked to ingratiate himself over the past two years.
Lee said in an interview that he didn’t expect to eliminate blue slips — actual pieces of paper senators sign to indicate their support for a nominee — but he left the door open to changing how the tradition is enforced.
“There is no appetite to just get rid of them,” Lee said before adding, “The blue slip itself has had a lot of evolution and it’s almost never static. Though it doesn’t mean that everything about the blue slip procedure will always be the same.”
Lee said it was “premature” to discuss in detail how he would approach the matter and noted it had undergone “iterative changes” as previous Judiciary chairs had “considered and in many many cases implemented [alterations] just in order to deal with things as they happen.”
Trump has a simpler view of the matter — demanding Senate Republicans completely ditch the blue slip, which he views as an intolerable fetter on his power to install federal judges. Current Judiciary Chair Chuck Grassley (R-Iowa) has repeatedly fended off Trump’s calls to end the practice, explaining that most of his fellow senators have no interest in giving up leverage in who gets home-state appointments.
Asked how the White House would want Lee to handle blue slips, a spokesperson pointed back to several of the president’s comments over the past year, including an October 2025 Truth Social post where he called it an “old and ridiculous custom.” Trump targeted Grassley directly last December, saying that it was “shocking” that he would allow “this scam to continue.”
More recently, Trump lamented the “ridiculous views of Republicans on blue slipping” when he temporarily backed off Jay Clayton’s director of national intelligence nomination, which derailed a bipartisan surveillance deal. Clayton himself had previously been caught in a blue slip fight after Trump nominated him as U.S. attorney in Manhattan, and Trump feared a repeat.
While Senate colleagues widely expect Lee to face the same pressure from Trump that Grassley has endured, several Republicans indicated in interviews they hope Lee sticks to precedent.
“I think, you know, he’s a traditionalist, and I think he’ll honor the blue slip,” said Sen. John Cornyn (R-Texas), a longtime Judiciary Committee member who is leaving the Senate at the start of next year.
For one thing, Lee is likely to face immense peer pressure. While Lee could unilaterally scrap or modify the blue slip precedent as Judiciary chair, he’d risk angering some fellow Republicans who want to keep control of nominations in their back yards — including under future Democratic administrations.
“Senators have few prerogatives and tools, and that’s one of them,” Cornyn said.
Lee also confronts the prospect that, in a thin GOP majority, a small number of fellow Republican senators could hem him in by pledging to oppose any nominees that do not have home-state-senator support.
Grassley nodded to that reality amid Trump’s pressure last year, posting on X that “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].”
Sen. John Kennedy (R-La.), a member of the Judiciary Committee, said he would vote in committee and on the floor to preserve the blue slips.
“I know who is qualified in my state to be a federal judge a lot better than somebody in Washington, D.C., does,” Kennedy said, predicting that Republicans would be able to “outvote” Lee were he to move to eliminate them.
With the GOP unlikely in the next Congress to maintain the three-vote cushion it now enjoys, Lee would need to convince potentially every Republican on the Judiciary Committee — and nearly every Republican in the chamber — to back him up.
That could be difficult, given the strong support within the Republican conference for keeping the blue slip as is, according to two GOP aides granted anonymity to discuss internal dynamics. Lee’s emerging role will also require him to win over many of the same colleagues he has alienated over the past year with his advocacy for a partisan elections bill that has no clear path to passage.
Senate Majority Leader John Thune said late last year that there are “way more Republican senators who are interested in preserving” the blue slip “that those who aren’t.”
“I have to assume everybody supports the blue slip,” Grassley said in an interview Tuesday, voicing his support for keeping it as-is.
“A president of the United States can’t know exactly what is going on in those individual states, and you need to guarantee senator input for marshals, U.S. attorneys, and district judges,” he said.
That said, Lee is correct that the blue-slip precedent has already been eroded: Republicans effectively ended the practice for circuit judges during Trump’s first term, arguing at the time that courts of appeals cover broad regions and thus shouldn’t be subject to veto by a single state’s senator.
Lee said amid that debate in a 2018 Judiciary Committee hearing that the blue slip “is not, and never has been, codified as a rule.”
“Its use as a de facto veto has definitely been the exception rather than the rule,” Lee said.
During his second term, Trump has erupted over instances where Democrats have used the blue slip to block — or at least complicate — the confirmations of his favored nominees.
Schumer and fellow New York Democratic Sen. Kirsten Gillibrand refused to greenlight Clayton’s U.S. attorney nomination; he was later appointed to the job by Manhattan’s federal judges.
But New Jersey Sens. Cory Booker and Andy Kim successfully blocked the nomination of Alina Habba to become their state’s permanent U.S. attorney last year, and Trump’s pick for U.S. attorney in Southern California, Bill Essayli, was also sidelined due to Democratic opposition.
Sen. Dick Durbin of Illinois, the top Judiciary Democrat and a prior chair of the committee, said that he was largely in the dark about Lee’s views on the blue slip but urged the Utah Republican to “think twice” before undoing it.
“I stuck with it through thick and thin,” Durbin said. “A lot of people who criticized me as chairman for observing it thanked me after we lost the majority. … So I hope he sticks with it.”
Sen. Ron Johnson is sending a letter Monday requesting a conference meeting to discuss the midterm results and a delay in the leadership election.
Johnson has gathered enough signatures to force the meeting under the Senate GOP’s rules and is proposing the gathering for 9 a.m. Tuesday.
“Tuesday’s result was a stunning defeat,” Johnson and his backers write in the letter to Conference Chair Tom Cotton (R-Ark.), a copy of which was obtained by POLITICO. “Holding leadership elections without engaging in a robust discussion and evaluation of how those running for leadership intend to lead would be political malpractice”
Republicans still expect their leadership election to be held Tuesday, where Majority Leader John Thune is so far unopposed to lead the party next year in the minority.
Sen. Chris Murphy announced Friday that he has been released from the hospital after suffering a stroke last week, but will miss “several weeks” of Senate votes while he continues to recover.
“The doctors are very encouraged by the progress I’ve made so far,” the Connecticut Democrat said in a statement. “In order to take my recovery seriously and get back to work on the quickest timeline possible, I will be spending several weeks at a rehabilitation center after being discharged from the hospital today.”
He added that he remains in touch remotely with his staff and colleagues.
Murphy, who was hospitalized last weekend, said Friday that he was “diagnosed with a small bleed in the thalamus region of my brain.” Jose Suarez, the Chief of Neurosciences Critical Care at The Johns Hopkins Hospital, said in a separate statement released by Murphy’s office that the senator “experienced a small hemorrhagic stroke.”
“He has shown tremendous progress, and at the current rate of improvement, we expect that he will make a full recovery following rehabilitation,” Suarez added.
Murphy is the latest senator to suffer a stroke in recent years. Sens. Chris Van Hollen (D-Md.) and Ben Ray Lujan (D-N.M.) were both hospitalized for strokes in 2022. Sen. John Fetterman (D-Pa.), at that time a Senate candidate, also had a stroke in 2022 that he later described as near fatal.
The head of the Congressional Progressive Caucus said his group will still be power brokers in a massive Democratic majority in a strategy memo previewing plans for next term.
“While some in the press have speculated that a majority of this size undermines our influence within the caucus, they have it exactly backwards,” Rep. Greg Casar of Texas said in the Friday memo obtained by Blue Light News. “Big majorities are good for getting big things done. Our goal is not to win a battle against other Democratic caucuses. It is to pass longstanding progressive priorities that bring down costs, root out corruption, and boost wages.”
The CPC will have at least 105 members next term, according to the memo. If Democrats had a narrow majority, progressives — and any other faction in the caucus — could have used their votes as leverage. Now that presumptive speaker Hakeem Jeffries will have as many 30 votes to spare, Democrats broadly are recalibrating their approach next term.
Casar laid out a “three-pronged” strategy for the CPC to “wield our power” in the three-page memo — tackling legislation, oversight and “holding Donald Trump to his word on populist economic policies.”
“Small majorities give corporate special interest groups the ability to block popular populist policies by recruiting a small number of opponents; a big majority gives us the advantage,” he said.
Casar previewed how the CPC can engage with Trump, noting that “one of the few bright spots for bipartisan lawmaking” was a housing bill that banned private equity firms from buying homes. He noted the caucus should push Trump to cap credit card interest rates, lower credit card fees for small businesses and lower prescription drug costs.
“While we oppose [Trump] strongly on the vast majority of fronts, we should send bills to his desk that would lower prices and raise paychecks. If he signs them, good. If he vetoes those bills, that will propel us to a continued Democratic majority and a trifecta where a Democratic president can sign these proposals into law,” he said.
Casar also outlined oversight targets beyond the administration, urging Democrats to specifically investigate corporations that use customer data for “surveillance pricing,” health care companies that are “taking advantage of seniors” through the Medicare Advantage program and artificial intelligence labs who are “putting jobs and lives at risk.”
“By focusing not just on the Trump administration but also on big corporations and billionaires, we will show the American people we are not just anti-Trump but also pro-worker and pro-consumer,” he said.
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