Filibusters and Cabinet nominations
There is more talk in Washington, D.C. this week about the possibility of Republicans trying to block President Obama's choice for Defense Secretary, and how that tactic would be a historic first to require 60 votes in the Senate on a Presidential Cabinet choice.
Except that it happened just a few years ago.
Back in 2006, it was the opposite situation, as Democrats were registering their opposition to a Cabinet choice of President George W. Bush.
Roll Call, a prominent newspaper on Capitol Hill, reported on February 1 that a filibuster of ex-Senator Chuck Hagel for Secretary of Defense would be the "first time in U.S. history" against a Cabinet nominee.
But that isn't true.
"The Senate has never formally filibustered a cabinet nominee," Fox News Radio reported last week.
That isn't true either.
If you just do a little research on the ole internet, you don't have to look long to find an example of where a Cabinet nominee had been blocked, and the Senate was forced to use a cloture vote to bring about final confirmation.
That was back on May 26 2006, when the Senate had to get 60 votes for a cloture motion to force a final vote on President George W. Bush's choice for Interior Secretary, Dirk Kempthorne.
And like Hagel, Kempthore was a former Senator.
"I know this nominee is a person deserving of our respect," said Sen. Bill Nelson (D-FL) just before the 2006 vote, "But I must stand on my principles to oppose this nomination."
While other Democrats like Sen. Mary Landrieu (D-LA) had placed a hold on Kempthorne's nomination, it was Nelson in 2006 who ultimately refused to allow action on the Kempthorne nomination, so the Senate was forced to vote on a cloture motion, which was approved on a vote of 85-8, well above the 60 votes needed to bring about final action.
Joining Nelson to vote for a filibuster of a Bush Cabinet nominee were, Sen. Joe Biden - now the Vice President, John Kerry - now Secretary of State, and both Senators from New York, Hillary Clinton and Charles Schumer.
It should be noted that Sen. Barack Obama (D-IL) did not vote in favor of a filibuster of Kempthorne, as the Illinois Senator voted to shut off debate on the Kempthorne nomination.
The filibuster against Kempthorne wasn't the most high profile effort in 2006 by Democrats against a nominee of President Bush, as Democrats also forced Republicans to get 60 votes on Supreme Court nominee Samuel Alito. Mr. Obama did support that filibuster.
If Hagel is subjected to a cloture vote on the Senate floor for the job of Defense Secretary, one thing is clear - delaying a final vote on a Cabinet nominee in the Senate is certainly rare.
I went back to 1989, when ex-Sen. John Tower was defeated in his bid to become Defense Secretary for the first President Bush - and Kempthorne was the only Cabinet nominee to be subjected to a motion to invoke cloture over the last 24 years.
What goes around comes around in life, and in politics on Capitol Hill. If you delay someone's nomination, the other party might return the favor at a later date.
In this case, it wouldn't be the first time one party has forced the other to get 60 votes on a Cabinet nominee.
But it sure doesn't happen very often.
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24 comments Add your comment
An observer
February 11th, 2013
12:11 am
Excellent point!
Centrist
February 11th, 2013
1:33 am
It’s one thing for the media to ignore such past politics when it is convenient to match their bias, but quite another to get it totally wrong.
Cherokee
February 11th, 2013
3:44 am
A little bit more background might be in order, Jamie. Kempthorne had environmental views that were pretty extreme, at least to the Democratic party. And Alito had a history of rulings that the Dems disagreed with. So the Dems tried to block these two individuals because of their extremist – to their mind – views.
Hagel, on the other hand, is being – potentially – blocked because Senator Graham is throwing a hissy fit over a faux conspiracy theory, not because of his views. That’s unprecedented.
Centrist
February 11th, 2013
4:28 am
In addition to Republican demands that the Libya stonewalling cease and desist Senate Republicans are currently demanding that Hagel disclose the sources of all substantial compensation over the past five years — and that he make assurances that organizations he’s been affiliated with have not received foreign funding over the past decade. Furthermore, Republicans have questioned Hagel’s past statements and votes on Israel, Iran and nuclear weapons which to their minds – are extremist views.
weetamoe
February 11th, 2013
7:24 am
As far as Hagel being the first nominee who served in the military as an *enlisted* member, other Republicans who were formerly *enlisted* served in that office: Melvin Laird, Elliot Richardson, Caspar Weinberger, for example. The difference between those secretaries and Hagel is that they were smart enough to be promoted to officer level while in the military. I watched the senate hearings live, and realized that Hagel is very very dim, easily confused, and apparently too lazy to do his homework.
I Report You Whine
February 11th, 2013
7:42 am
Oh, so now the libs are beg-ging us to block this disaster of theirs.
liberalefty
February 11th, 2013
8:14 am
LINDSAY GRAHAM just another closeted gay guy whose throwing a hissy fit…
liberalefty
February 11th, 2013
8:18 am
@weetamoe
yeah everybody knows enlisted men in the army are dumb as rocks…lol..
liberalefty
February 11th, 2013
8:20 am
@centrist
the angry white male cabal are just doing this to try to get back at THE CONFIDENT BLACK PRESIDENT for stomping their arses again in the election..if this was one of DUMB DUBYAS PICKS the the closeted gay GRAHAM would be ok with it..
Simple Man
February 11th, 2013
8:32 am
While I was almost persuaded by the excellent factual points Liberalefty presented, I am still more inclined to see Democrat hypocrisy…
liberalefty
February 11th, 2013
8:41 am
@simple man
the gop suffers from a collective case of penis envy…the sight of a strong virile black man as president makes them feel weak and insecure…when i see the weak jawed gop’ers next to the president they look out of their league and they know it..
John Ballard
February 11th, 2013
8:53 am
Could be those objecting to Kempthorne saw something coming.
http://qote.me/MuOgGm
Just saying…
Road Scholar
February 11th, 2013
9:02 am
“”The Senate has never formally filibustered a cabinet nominee,” Fox News Radio reported last week.
That isn’t true either.”
I’m shocked that faux news got it wrong! Again!
Vote him up or down w/o a filibuster. And then get on to the budget, immigration, taxes,…. Do you see a pattern here? Do your job!
Lynnie Gal
February 11th, 2013
9:45 am
This is precisely why we should have insisted on filibuster reform during that brief window when rules could have changed. That failure wasn’t Reid, although he shouldered the blame. It was weak kneed Dems who are afraid that when Dems are minority in Senate that they don’t want those rules. But, the GOP will absolutely use the nuclear option to limit Dem filibusters if they ever gain control of the senate again. They would use it in a New York minute against Dems. Dems still think a “gentleman’s agreement” with GOP is enough to get them to rein in their filibusters. Wrong.
Madge From Accounting
February 11th, 2013
10:12 am
The difference between those secretaries and Hagel is that they were smart enough to be promoted to officer level while in the military
Obviously you are someone who has NEVER served and doesn’t know what the heck you’re talking about. As a former ENLISTED veteran I am insulted by your statement made by someone too simple to know anything outside of what Faux News reports.
The enlisted servicemember is the BACKBONE & and the legs of the military. And without the backbone and legs, nothing else moves.
You should have the b@lls to thank them for their service and not SNEER at them for their ranks.
Madge From Accounting
February 11th, 2013
10:13 am
This is precisely why we should have insisted on filibuster reform during that brief window when rules could have changed.
Too true.
Curious
February 11th, 2013
10:41 am
Despite all the rhetoric, Hagel will be confirmed.
jconservative
February 11th, 2013
12:17 pm
Senator Graham faces a re-election in 2014. he is simply trying to prevent someone from getting to his Right.
Over the years Graham has been a strong proponent of the idea that the President gets to make his appointments, not the Congress.
harphacker
February 11th, 2013
2:53 pm
If the Repubs filibuster a cabinet nominee, the Dems should use the nuclear option. This would be a violation of the agreement that Reid and McConnell made regarding use of the filibuster. The comment that Sen Inhofe made that “he doesn’t trust this presidend to make the right cabinet appointments is absolutely absurd.” He doesn’t have the right to make that determination.
alex
February 11th, 2013
3:45 pm
objective, succinct..thanks
Bernie
February 11th, 2013
5:55 pm
Its should be quite obvious to ALL that the GOP is still in political denial. They still are insisting on being the “STUPID PARTY”. All indications point to a real NEED of second overwhelming defeat in 2014 in order for the reality to truly sink in for its Leadership and supporters to understand that the political voting landscape in America has changed and they are NO LONGER RELEVANT.
For now they are relying on the STATEHOUSE WINS, but in time, that too will erode.
The Republican Party Funeral will be longer and slower in ending it seems.
JHPolitics – Odds of Hagel Filibuster Rising
February 12th, 2013
11:29 am
[...] have charged that filibustering a cabinet nominee would be unprecedented, but that simply is not true. In 2006, for example, Democrats filibustered the nomination of Dirk Kempthorne, President George [...]
harphacker
February 12th, 2013
3:17 pm
Whether the filibuster of a cabinet nominee is “unprecedented” or not is irrelevant. It’s extremely rare. In fact, all of the Republican resistance to every cabinet nominee reeks of more of the same regarding the flagrant violation of the spirit of old Senate rules designed to give the minority a voice. They need to be slapped down and shown the limits to collegial tolerance. I only hope that the Democrats have the spine to use the nuclear option to restore sanity.
TheDixieDove.com
February 12th, 2013
6:00 pm
Rand Paul Sells Out Righties!
What’s that sound? That’s the first shot in the Republican civil war!
According to CNN Rand Paul (who is giving the T-Party response to the SOTU) has a giant bucket of cold water ready for the T-Patriots in the form of a very ‘liberal’ speech concerning immigration! In the text of his speech released by CNN Rand the Paul sounds exactly like Marco Rubio (who sounds like President Obama) on immigration!
Mark my words, if the rightwing darling Rand Paul speaks as it is reported he will then he will no longer be the T-darling in the morning and the formal fracturing of the Conservative/Republican Party will begin asap. Here is what is reported RP will say…
“We are the party that embraces hard work and ingenuity, therefore we must be the party that embraces the immigrant who wants to come to America for a better future,” the Kentucky Republican is expected to say in the tea party response to Obama’s State of the Union address, according to an advanced text of his remarks acquired by CNN. “We must be the party who sees immigrants as assets, not liabilities. We must be the party that says, ‘If you want to work, if you want to become an American, we welcome you.’”
http://chipshirley.blogspot.com/2013/02/tonight-right-wing-heads-explode.html