Sen. Mike Lee (R-UT) is positioned to become the chair of the Senate Judiciary Committee if Republicans maintain their majority following the 2026 midterm elections. As chair, Lee would have the authority to maintain or alter the "blue slip" tradition, a Senate practice that allows home-state senators to block the confirmation of district court judges, U.S. attorneys, and federal marshals from their states.
The blue slip is not a codified rule but a practice that has undergone various changes under different committee chairs. While the tradition was effectively ended for circuit court judges during Donald Trump’s first term, it remains in place for district-level appointments. President Trump has called for the elimination of the practice, describing it in October 2025 as an "old and ridiculous custom."
In a recent interview, Lee stated he does not expect to eliminate blue slips entirely but noted that the procedure is "almost never static" and could undergo further changes. This stance comes as Lee faces pressure from both the White House and fellow Republican senators. Current Judiciary Chair Chuck Grassley (R-IA) and Sen. John Kennedy (R-LA) have expressed support for maintaining the tradition, arguing it ensures local input on federal appointments.
For the public, this shift could result in a faster confirmation process for federal positions, but it may also lead to the appointment of officials who do not have bipartisan support within their specific jurisdictions. The impact involves the leadership of the U.S. Department of Justice at the local level and the lifetime appointments of district judges who preside over federal civil and criminal cases. While the specific number of future vacancies is not reported, the policy affects every federal judicial district in the country.
The internal disagreement also highlights a divide within the Senate Republican conference. Senate Majority Leader John Thune has indicated that most Republican senators wish to preserve the blue slip. If Lee moves to change the policy with a thin majority, he could face opposition from within his own party on the Senate floor. The next steps depend on the results of the 2026 midterm elections and the subsequent selection of committee chairs when the new Congress convenes in January 2027.