If anyone had said four months ago that we’d still be waiting for the Senate to hold a confirmation vote for Loretta Lynch, no one would have believed it. Yet here we are. Although she was approved by the Judiciary Committee three weeks ago, Mitch McConnell just can’t bring himself to schedule a floor vote for her.
Lynch is supremely qualified to be AG. Progressives and conservatives alike have written to the Senate praising Lynch and urging her confirmation. In fact, not a single one of the Republicans’ own witnesses at her confirmation hearing actually opposed her confirmation.
Yet Republicans in the Senate continue to make a partisan brawl out of a consensus nomination.
Until now, regardless of which party was in the White House or in control of the Senate, the attorney general nominee has gotten a confirmation vote very quickly upon committee approval. But Lynch’s nomination has been languishing on the Senate floor for nearly three weeks, longer than the wait-time for the past five attorney general nominees combined.
McConnell has jettisoned his promise to allow a vote this week. At the beginning of next week, Lynch will have been waiting for a floor vote as long as the previous seven attorneys general combined:
McConnell’s latest excuse for delay is that the Senate needs to vote on a human trafficking bill first … a bipartisan bill that Republicans politicized by inserting an anti-choice provision.
The Lynch nomination was a great opportunity for Republicans to show the American people that they can govern. Instead, they’ve shown the American people that they won’t pass up any opportunity to play politics, as they pile unheard-of delay after delay on the person who should already have been confirmed as our nation’s first African American woman attorney general.
The fight to keep the Senate blue this November is critical to a slew of progressive issues – from immigration reform to voting rights, women’s health to LGBT equality. But the greatest risk of a Republican Senate could be an issue that gets far less mainstream attention: judicial and executive nominations.
Senate Republicans have a well-established track record of obstructing President Obama’s nominees for judicial and executive branch appointments. This past April, PFAW held a member telebriefing to discuss GOP obstruction tactics, such as delaying confirmation hearings and forcing time-consuming cloture votes. While the Senate made significant progress in recent months in filling critical vacancies, a staggering 153 judicial and executive nominees currently await confirmation votes in the Senate, and judicial vacancies continue to have real consequences for Americans nationwide. Republicans want a federal court system dominated by right-wing ideologues who issue poorly reasoned decisions that cause devastating harm to real people, rather than ones who adhere to the law and our constitutional principles. They have used their power as the minority to engage in unprecedented obstruction. But their ability to keep the executive and judicial branches of the United States government from functioning effectively would be amplified immensely should they control the Senate.
In an article this week addressing this potential threat to the nominations process, Talking Points Memo quoted congressional scholar Norm Ornstein as saying that a GOP-controlled Senate “means the ability of Obama to get any judicial nominations through becomes about zero.” And the people at Talking Points Memo aren’t the only ones to take note. Right-wing talk radio personality and American Family Association spokesperson Bryan Fischer told listeners today that the 2014 election is critical for conservatives because President Obama “is going to try to stack and pack every circuit court in the country.”
“This election in November is huge, because whoever controls the Senate now is going to be in control of every single nomination to the federal bench for the next few years,” said Fischer, who alleged that there is an “overwhelming preponderance of Obama acolytes” on federal courts.
There are countless reasons for progressives to turn out to the polls this November 4, and little doubt in our minds that the fight to keep the Senate blue will be a tough one. But the potential for continued judicial and executive vacancies that could result from a Republican-controlled Senate – and could have serious, negative consequences on the capacity of our judicial and executive branches of government -- is especially onerous.