Rogue federal judges are no longer content trying to thwart President Donald Trump’s agenda with absurd rulings and nationwide injunctions—now they are actually trying to appoint personnel to the executive branch against the chief executive’s wishes.
The latest incident happened in upstate New York, where federal judges swore in a prosecutor of their choosing as U.S. attorney. Within hours, Deputy Attorney General Todd Blanche responded with the constitutional equivalent of a rolled-up newspaper, posting “Judges don’t pick U.S. Attorneys, @POTUS does. See Article II of our Constitution. You are fired.”
At issue is a basic but consequential question: Who has the authority to decide who enforces federal law—the president elected by the American people, or unelected judges?
Obviously, under Article II of the Constitution, the president appoints executive officers—including U.S. attorneys—with the advice and consent of the Senate. Prosecutors answer to the president, who may remove them at will.
There is, however, a narrow statutory workaround that liberal judges are now exploiting. When a U.S. attorney’s term expires and the Senate hasn’t confirmed a successor, the attorney general can appoint an interim replacement for 120 days. If the Senate still hasn’t acted after that window, district court judges may appoint someone to fill the vacancy.
Notice the word may. And notice the context – this is supposed to be a temporary stopgap, not a judicial coup.
What’s happening now is not some innocent procedural housekeeping. It’s a coordinated effort by radical judges to block President Trump from installing prosecutors who will carry out the administration’s law-enforcement priorities.
In New Jersey, when former U.S. Attorney Alina Habba’s temporary tenure expired, federal judges declined to extend it and instead appointed her subordinate to the role. Attorney General Pam Bondi responded by firing the judges’ pick and reinstalling Habba as acting U.S. attorney. The matter ping-ponged through the courts for months until Habba finally withdrew in frustration.
Similar fights have erupted in Nevada, California, New Mexico, and Virginia. In the Eastern District of Virginia, when liberal judges disqualified then–U.S. Attorney Lindsey Halligan, they automatically invalidated prosecutions against former FBI Director James Comey and New York Attorney General Letitia James—two of the most enthusiastic anti-Trump witch-hunters who have persecuted the president and his supporters with glee. Those dismissals are now on appeal.
In each case, the pattern is the same: judges flexing a rarely used appointment power in ways that conveniently frustrate the elected president’s agenda.
But wait – don’t Republicans control the Senate? Why are Trump’s picks getting held up in a GOP-controlled body, thereby enabling leftist judges to undermine the President?
The answer is an obscure and archaic tradition known as the “blue slip.”
For more than a century, the Senate Judiciary Committee has asked home-state senators to approve nominees for U.S. attorney and federal district court positions by returning a literal blue slip – basically, a form signifying the senator’s approval. If a senator withholds it, the committee traditionally won’t move forward with the nomination.
Thus, a single senator can stall a presidential nominee simply by refusing to turn in a piece of paperwork. For instance, Senate Minority Leader Chuck Schumer can effectively block President Trump’s U.S. attorney nominees for New York, Elizabeth Warren could block nominees for Massachusetts, Bernie Sanders could block them for Vermont, and so on.
But blue slips are not in the Constitution. They’re not required by statute. They’re not even a formal Senate rule. They are a courtesy – a relic of a more genteel era when lawmakers still pretended to play fair.
Guess which party stopped the niceties a long time ago and started using the blue slip as a partisan cudgel?
When President Trump nominates U.S. attorneys in blue states, Democrat senators routinely withhold their blue slips, even though Republicans never employed that tactic when Biden or Obama were in office. Democrats don’t argue the nominee is unqualified or debate the merits. They simply refuse to cooperate.
And what do Republican senators do in response?
They keep honoring the blue slip tradition, as if everyone was still playing by the same set of rules.
Republicans control the White House, the Senate, and the House. Yet left-wing judges are appointing federal prosecutors because GOP senators are naively preserving a courtesy rule that Democrats have seized and transformed into a unilateral veto.
If the roles were reversed and a Democrat president were being blocked by Republican blue slips, does anyone believe Senate Democrats would cling to this antique tradition out of institutional reverence?
Please. They would abolish it before lunch.
President Trump has called for ending the practice, which he says is “making it impossible” to get his appointees approved in Democrat states. “It is shocking that Republicans, under Senator Chuck Grassley, allow this scam to continue,” he said.
He is absolutely right. The Constitution gives the Senate an advice and consent role – not the power to create a shadow veto for the opposition party.
If a senator objects to a nominee, fine. Hold a hearing and vote no. But allowing Democrat senators to stall nominations indefinitely is sabotaging President Trump’s agenda, because it empowers liberal judges to appoint people who reject the President’s priorities on crime, border enforcement, and corruption.
Then, when that prosecutor declines to pursue cases against legitimate criminals, the same media outlets that spent years shrieking about “threats to democracy” suddenly discover the joy of judicial dictators ruling by fiat.
The Founders did not design a system in which federal judges staff the executive branch just because senators are nostalgic for bygone etiquette. They designed a system in which the president appoints executive officers, the Senate votes them up or down, and the voters hold everyone accountable during the next election.
What we have now is something far more perverse – and the problem isn’t just rogue judges. It’s Republican senators who lack the nerve to wield the authority that the American people gave them.
If Republicans want to preserve the constitutional separation of powers, they need to start acting like it. End the blue slip veto for President Trump’s nominees. Hold hearings. Take votes. Confirm or reject – but decide.
Otherwise, the next time a federal court swears in a prosecutor over the president’s objection, we can skip the outrage. We’ll know exactly how it happened and who’s responsible.
Mike Marlowe is the pen name of a writer based in Texas.
Excellent article, Mr. Marlowe. The democrats scheming to undermine our republic never ceases to amaze me. All their efforts go into destruction rather than building up. They are so depraved in their thinking, and use our own virtues of playing fair against us. They have no honor and no interest in doing what’s best for we the people, only in their hold of power over us.
Republican Senators, et all, REJECT THE BLUE SLIPS!!!!
These judges should be looking for another job and the Senators who abuse this should too. Get rid of the blue slip!
Mike, send your article to every Republican Senator and tell them to $Hitcan the blue slip NOW.
And ALL of MAGA patriots should be calling EVERY Republican senator TODAY and telling them to remove their heads from their orifices and abolish the ‘blue slip’s TODAY!! AND, along with the House, start turning Trump’s many EOs into LAW, start (and finish) aporoving his nominations.
Congress needs to quit SLACKING and start being MAGA AGGRESSIVE ON EVERYTHING WITH TRUMP’S AGENDA.
The democrats are ruling by fiat via the judges politically aligned with the party. Through bribes being paid to these judges by Soros money. The democrats are not playing fair. They are tyrants pushing their dictatorial mandates at all costs. The cost is the destruction of the USA. They are domestic enemies aligning with the millions of illegals to overthrow this country at every turn. They are dismantling the constitution one amendment at a time. The right to abortion is not granted in the constitution but the right to bear arms is and so they harp on that. They are comparing apples to oranges. They are not even in the same ballpark. The right to bear arms was for the protection of the citizenry against those who want to do them harm. The right to abortion is destroying life before it begins. It’s not even in the same ballpark. This article is again proof of these dictators turning laws and rules to their advantage. For they know we reps are too nice to object to these ridiculous obscure rules that are not even set into laws but have become traditions which they are now exploiting. Stand up Reps. Don’t let Soros win this one plus all the other millionaires who are supporting these ultra leftist to destroy this country. It’s going to happen. Wait till tomorrow night during president’s speech to the Congress and the nation. Their theatrics are going to be beyond the pale. There will be no patriotism shown. Just hatred for this country and disrespect for President Trump. They don’t care about the people that will be hurt by their theatrics. It’s all about power.
The problem here [at least one] is John Thune [a RINO at heart] REFUSES to do what is necessary to get ALL of Donald Trump’s judge picks through the Senate! The DIMMwits refuse to approve pro-Constitution judges and Thune twiddles his thumbs! Cancel the “blue slip” rule and get going; it’s been over a year already!
There are so many laws on the books but the issue isn’t the laws, it’s getting someone to enforce them. Once they’re ignored, they’re useless. Lawmakers that pass these laws as feel-good measures with no intention of actually holding corrupt judges or any political figure accountable. It seems the only thing that gets rid of them is an old fashion s_x scandal or child p__n.
I surmise the only reason unused laws are on the books is that they’re too lazy to repeal them or keeping them “just in case”.
All of these appointed judges who think they are the law MAKERS should be removed, disbarred, and in some cases be tried as traitors.Since when are NON-ELECTED JUDGES allowed to MAKE laws that are against the CONSTITUTION.
I really cannot wrap my head around the negative and destructive approach democrats have towards making our country better. If they put the same amount of effort doing something positive, we could really get things done!
Shame on the Rinoes that would rather practice civility than govern responsibly!
I’ve been saying that since Trump became president. Democrats lost the house the Senate and the presidency but they still run the nation through the corrupt judicial system. How do we stop that? That’s an open question
It is time for EVERYONE to wake up to a simple unarguable FACT: the Democrat Party, never any friend to this nation or its citizens, long ago morphed into The New Communist Party of the USA. They have but a single goal: turn this nation into a Leftist dictatorship. To achieve that goal, they will do anything necessary: lie, cheat, steal, and yes – kill. Their motto is simple: Power and control, at any price, at any cost, by any means necessary. Obeying our laws and playing fair is of no concern to them.
This is an “Opinion”, is it not? POTUS should thank them for their “Opinion”, and carry on – – business as usual!
Republican Senators wake the hell up. It’s time to stop playing fair before we don’t have a free country to live in. Give the Democrats a taste of their own medicine!
Looks as if the Republicans are as much a part of this ridiculous procedure as the Democrats. Why haven’t the GOP Senators stopped this?? I am sick of the Republicans acting as if they have no power and let the Democrats “walk all over” them. I vote for them to try to keep our Constitutional Republic in tact, not to let the Republicans roll over in apathy!. Does Trump not know about this issue?? If not, why not? We Republicans need to contact our Senators and tell them to stop allowing this practice to continue. These radical liberal judges have to be stopped NOW!!
When are the Republicans going to work for us? They’re so afraid that their integrity (lol) will be threatened. It’s do or die time!
Texans, you have an Election coming up on March 3. Remind your MAGA friends and family their votes are important.
Thune needs to be replaced as majority leader by a MAGA Senator. Also, the Parliamentarian (appointed by Harry Reid) should be replaced. Further, why did the Republican senators agree to go on a 1 week vacation when there was a “government closing”?
It’s almost as if the Republicans don’t want to be in power.
I thought SCOTUS issued a decision on this issue, telling these ‘rogue’ judges to STAY IN THEIR LANE regarding issues out of their jurisdiction?
They need, as a group, to keep their political opinions to themselves. Period.
The Republicans need to stop being civil to the Democrats, and get rid of the blue slip, and there needs to be consequences, for rogue judges, that continue to interfere, with the President’s policies, otherwise it’s just more of the same.
Infuriating!!!!
Fire Them All
How many “public servants” would rush for the spot had they been paid for only actual hours spent on the job, the rest of the time would be theirs to work at their own enterprises. The public performance would be an honor, not the source of limitless amounts of money. How many would be eager to serve, that would be the only way to keep the thieves and opportunists out of the game, which would be much cleaner. It is unrealistic, I know, those days are gone, but there has to be a way to keep them honest somewhat and prevent them from thieving and enriching themselves at taxpayer expense and bending the law as well.
Why aren’t republicans fighting and prosecuting these criminals democrats?
They can try all they want….but. Donald Trump is our President, thank God. Only with his incredible business skills and experience he can and will get our beloved country back to normal.
Excellent article. Only wish everyone in America could read or hear it.
These judges should be arrested and charged with treason for interfering with office of a duly chosen leader by we the people (1776). Because their interference and endangers the lives of every American.
Have been since Trumps first term ( they think)
how can you win (Repubs)when we have two morons as so called republicans #1 the worst mitchv”the turtle” mcConnell and crybaby Rand Paul they do their best to undermined POTUS Trump whose in their party.Get smart kentucky and elect 2 Repubs conservatives.
I had been a Democrat my entire adult life, but now am not. Have voted for Republicans for the past 2 election cycles, but now am just going to be Independent. Republicans out there, if you would listen to the people, grow a pair and stop playing nice. The Democrats don’t and it ends up costing the American people.
Republicans need a backbone; they can’t rely 100% on Trump to provide it. Quit laying on the ropes, getting pummeled.
I’m afraid these do nothing Rinos in the senate are going to cost us the midterms. It’s pretty obvious that’s what they want!
Sounds like treason to me. Time to hand out the cuffs and build the hanging trees. These traitor liberals have gone way past the boundaries of their limitations.
How is it that these judges are untouchable?!? How does a district judge have ANY kind of “standing” to issue edicts to the president and country, anytime it suits them, particularly when these issues are not ON THEIR DOCKET?!? Sounds like an item for the fairy tale, make believe, Constitutional convention? This is another omen of the USA circling the drain.
GOP Senators are not ignorant of the Blue Slip, they simply are being an obstruction of the Presidents agenda, and thus “We the people”. Call of email them that this stupid practice must be stopped immediately or vote them out.
The Blue slip and the ‘silent filibuster’ issues MUST be resolved if this administration wants to get anything done. I don’t think that this will happen, as the Repubs in the Senate are a bunch of Paper Tigers, more afraid of what the Democrats think than support the American voters. Thune must do his job to get this through, or just go away and put a firebrand in his place!
Question is where were all the conservative judges to help put a end to bidens liberal agenda, were they asleep and just allowing him to pass all the socialist agenda
No doubt about it. We have the best Congre$$ money can buy!
It is not liberal judges, it is about judges on the take! How many of these judges have drug lords or gang members living with them, are they being paid to try and destroy and overthrow the greatest president we have had! This also goes for Hollywood actors and actresses and politicians such as Robert De Niro and the Democratic Party who insight violence against our country! Those are the individuals who are enemies to our country, democracy and the American people as well as the constitution! Our country was founded on god and the constitution!
These “Judges” need to be given PINK slips (or in their cases Commie Pinko slips) for interfering with our Republic!
They’re not actually judges, just a part of the party machine.
Why DID the Framers put “judges hold office “DURING” ‘good behavior'” in Article 3, The Judiciary? Why is it they only put this “automatic” END to Tenure only for jurists and NOT for Legislators and Executives ABOVE AND BEYOND Impeachment for high crimes and misdemeanors? Answer: the Framers were WELL AWARE that the day-to-day atrocities were being enacted by rogue judges making “bad behavior” decisions that were questionable, but didn’t necessarily fall into defined high crime and misdemeanors, and secondly, who determines the “applications” of laws to determine a PENALTY of a “crime or misdemeanor”, those same jurists “judging” their own, THEREFORE they intended to STOP that PRACTICE and made their TENURE subject to “good behavior” automatic “as written” IN Article 3. The Framers put empowerment into the Constitution to have it CARRIED out NOT ignored. Dereliction of a jurist’s duty to be “bound” to the Constitution under oath is “bad behavior” and is willful voluntary END to tenure known to ALL jurists UNDER their bounds to the Constitution and oath thereto. UNTIL it is exercised/enforced it is useless and Rogue Judges continue to run rampant. Trump the Executive IN Charge of ensuring ENFORCEMENT of the laws needs to enact and EO (ENFORCEMENT ORDER aka Executive Order) to apply the Article 3 provision “as written” with a definition of ‘good behavior’ as BEING “judges stay in their own Constitutional Lane” being only to “apply the laws as written” or determine them to be unconstitutional in compliance to the Article 3 jurist’s voluntary and automatic END of tenure when they “exit their lane” in “bad behavior”, like legislating, appointing, or ruling against the “as written” law “outside their lane of ‘application’ of valid constitutional laws”.
—“shall NOT be infringed”, cannot be altered by any means or taken.
—“the citizen of any State shall be entitled to the privileges and immunities of the citizens of the Several States”, reciprocity and uniformity of privileges and immunities derived from rights across all states and territories.
—“No state shall make or ENFORCE ANY law that ABRIDGES the privileges or immunities of citizens of the US”, “citizens first and ONLY” EVEN under law.
—The Reconstruction Amendments 13,14 ,15 applying to the Civil War, freed slaves and US obligations and debts, NOT contortions to apply those “intents” to OBVIOUS and enumerated provisions like “birthright citizenship”, “reparations”, “eligible voters and PENALTY for abridging them IN ANY WAY”, “the Census including a citizen and age voter definition thereto under the voter clause penalty provision”, “‘equal protection under the laws’ including even and universal application of laws across all states and territories”, to identify just a few.
Democrats can’t like this. We can do the same when they are in power. Oh. Sorry- forgot- Democrats love this stuff
read the federalist papers I think its 78 the founders wanted a weak judiciary so you don’t rule from the bench
Come on you ‘ asleep at the wheel ‘ supposed engineer Grassley; are you going to help Pres. Trump or act like a Rhino. You have a decent reputation to hold your head up high about when your rocking chair days come. Wake up and keep the train on the track.
It’s sad, the American ppl want truth and justice and the republican senators are working against the wellbeing. I’ve never heard of the atrocity of the blue slip and neither have most Americans. It seems then our senators are just plain dumb, no warrior spirit, and no leadership abilities. Senators are supposed to be our smartest and top tier leaders and rule with what is best for the country but just doing nothing is the same as refusing to do their job. Senators were supposed to be addressed as honorable but we Americans find them disrespectful to the American way.
Federal judges should be replaced every two election presidential cycles 8 years and “NOT” receive any pensions. They can contribute to a 401 k just like all of us peons.Im fact that should be the same for both house members. Also they can buy there own health insurance just like the people do too.Maybe than we will get judges that have morals and not just looking for job security and perks.
All this reinforces my argument that federal judges need to face periodic, non-partisan, preferably automated performance reviews and be impeached/removed from the bench if they fail that evaluation. That is consistent with virtually every other job we all face nationwide. The impeachment/removal may require an amendment unless Congress agreed that it could also be automated votes based on review results. I am not a big AI advocate, but the evaluation system to be developed may be a good avenue for some AI implementation. Judges are far from infallible, yet the existing system of lifetime appointments with no practical, non-political means of removing the bad actors is flat stupid and needs changed.
Activist progressive judges should be disbarred