Tammy Baldwin puts TDS ahead of a highly qualified judicial candidate.
The blue slip process, a Senate tradition since 1917, lets the Judiciary Committee gauge home-state senators’ views on presidential nominees for judgeships, U.S. Attorneys, and U.S. Marshals. When the president nominates someone for a position tied to a specific state, such as a district court judge or U.S. Attorney, the committee chair sends a blue-colored form (the “blue slip”) to the two senators from that state. The Senate provides “advice and consent” on nominations, such as judicial appointments, through committee hearings, investigations, and a full chamber vote, typically requiring a simple majority for confirmation.
Senators may return the blue slip with approval, disapproval, or choose not to return it. Although not established in Senate rules or the Constitution, the process serves as a senatorial courtesy. A negative or unreturned slip can delay or block a nomination from moving forward, depending on the committee chair’s policy. While it once encouraged the White House to consult with senators to ensure nominees reflected local values, it has increasingly become a tool for partisan obstruction.
It has become evident that it is time to end the blue slip process. The practice now allows individual senators, often from the opposing party, to exercise veto-like power over qualified nominees, resulting in gridlock and prolonged vacancies in key federal positions. With the left’s sole focus being against President Trump over anything, this blue slip veto undermines the Constitution’s advice-and-consent framework by enabling minority obstruction over majority decision-making. This leads to understaffed courts and prosecutorial offices, delaying justice. Eliminating blue slips would allow the Senate to confirm nominees by a simple majority, reducing delays and supporting the efficient operation of the judiciary and law enforcement.
Republicans ended the blue slip process for circuit court judges in 2018, demonstrating that the system can function effectively without it. Critics contend it prevents unqualified nominees, but current vetting measures, including FBI background checks, committee hearings, and floor debates, offer sufficient safeguards.
Here in Wisconsin, Brad Schimel was appointed interim U.S. Attorney for Wisconsin’s Eastern District in November 2025 by Attorney General Pam Bondi. With decades of experience as attorney general, judge, and district attorney, Schimel oversees significant federal cases in Milwaukee and the surrounding area. His interim term ends March 16, 2026. While district judges may temporarily extend such terms, a majority have informed Schimel that an extension will not occur.
For final confirmation, the blue slip remained an obstacle. Senator Tammy Baldwin has publicly opposed Schimel, hypocritically describing him as a “clearly partisan actor” due to his Supreme Court candidacy and Trump endorsement, and has indicated she will not return a positive blue slip. In fact, Schimel thought he had a good rapport with Baldwin. “I don’t know where the source of all this vitriol is. I’ve always had a pleasant working relationship with her over many years,” Schimel told the Milwaukee Journal Sentinel.
For comparison’s sake, when President Biden nominated Gregory Haanstad as U.S. Attorney, Senator Ron Johnson did not block his confirmation. Haanstad was confirmed with ease.
Despite support from Republican Senator Ron Johnson and likely a majority of U.S. senators, Senator Baldwin’s objection has halted the process. She is just one senator out of 100—and in the minority party at that—but because Republicans tolerate Democrats’ use of blue slips, she can wield outsized influence over appointments in her state, acting like a rogue feudal lord.
Schimel maintains that his office operates independently and focuses on core law enforcement responsibilities. However, the blue slip process risks allowing political considerations to outweigh professional qualifications.
This highlights the hypocritical system we tolerate. Republican Senator Johnson readily approved a Biden appointee with no prior public service experience, while far-left progressive Baldwin effectively vetoed a former Wisconsin Attorney General from serving as U.S. Attorney. None of this is rooted in the Constitution—it’s a tradition Republicans in the Senate tolerate for unclear reasons. Democrats benefit from this arrangement because Republicans do not weaponize blue slips as aggressively as they do.
Ending the blue slip process would prevent similar situations, enabling qualified leaders like Brad Schimel to serve without being blocked by a single hyperpartisan senator. This change would promote accountability through full Senate votes rather than closed-door decisions, helping the federal government better serve the public. In politically divided states like Wisconsin, such reform is essential to reduce the politicization of nominations and promptly fill vacancies with highly qualified candidates like Schimel.
