Editore"s Note
Tilting at Windmills

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May 13, 2009

GOP OBSTRUCTIONISM BLOCKS HAYES NOMINATION.... A little too often, the world's most deliberative body is a dysfunctional mess.

For the first time, Senate Republicans blocked a nominee of the Obama administration, mounting a filibuster against the appointment of David Hayes to be deputy secretary of the Interior Department in a dispute over oil and gas leases in Utah.

An attempt to force a final vote on Mr. Hayes's nomination fell short of the required 60 votes Wednesday morning as Republicans stood nearly united against Mr. Hayes, a former Interior Department official during the Clinton administration.

Well, "required 60 votes" is itself a dubious claim. A majority of the Senate wanted to confirm Hayes, but Republicans, for reasons that had nothing to do with Hayes or his qualifications, decided he shouldn't get a vote.

Indeed, the GOP has been quite candid about this. Sen. Robert Bennett's (R-Utah) office conceded yesterday, "This is not about Hayes." What it's about is a decision by the Obama administration to rescind some oil and gas leases in the West. Oil companies aren't happy about it, which means Republican senators aren't happy about it, which means the GOP has decided to punish the administration by refusing to let the Senate vote on a qualified Interior Department nominee.

What does Hayes have to do with the oil and gas leases? Nothing. Republicans just want to obstruct to make a point. They are, in other words, playing a petty, partisan game. Again.

Here's the roll call, but it's a little misleading. Hayes secured 57 votes, three short of the artificial minimum set by the shrinking Republican minority. It would have been 58, but Majority Leader Harry Reid switched for procedural reasons (by voting "nay," he can bring the nomination back to the floor at another time). It would have been 59, but John Kerry was in Massachusetts attending a funeral for a soldier killed in Iraq. It would have been 60, but Barbara Mikulski of Maryland wasn't in the chamber at the time.

Why the leadership didn't wait and hold the vote when Kerry and Mikulski were available, giving Hayes 60 votes, is unclear, but it suggests the nomination isn't completely dead yet.

Either way, though, it points to a process that is unsustainable. Qualified nominees who "only" enjoy the bipartisan support of a clear majority of the Senate are now denied floor votes. The Senate was never created to work (or not work) this way, and as Matt Yglesias noted this morning, the trend is "pointing in the direction of constant filibustering leading to the total paralysis of the American government."

Steve Benen 12:35 PM Permalink | Trackbacks | Comments (31)

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This also shows the problem with Kennedy's illness. He should resign, no offense to his unfortunate situation, so that Patrick Deval can appoint a replacement.

Posted by: Justin on May 13, 2009 at 12:31 PM | PERMALINK

Matt Yglesias noted this morning, the trend is "pointing in the direction of constant filibustering leading to the total paralysis of the American government."

If you paralyze the victim first it's easier to "drown them in a bathtub".

By the way, where has Grover Norquist been hiding himself lately? If Cheney ever shuts up (or starts 'taking the Fifth'), then Norquist's stupid comments over the years would be another stinking albatross to hang around the neck of the Republican party.

Posted by: SteveT on May 13, 2009 at 12:33 PM | PERMALINK

What the hell, let's hold these votes with every Democrat in the chamber, please! That is ridiculous.

Posted by: Chris O. on May 13, 2009 at 12:35 PM | PERMALINK

The Dems should have been complaining about the stalling of the FEMA nominee and Treasury assistents loud and often. Had they done that, it would be far easier to make this systematic obstuction an issue, and perhaps put an end to it.

Posted by: Danp on May 13, 2009 at 12:35 PM | PERMALINK

...the total paralysis of the American government

which would be fine with the Republicans: Obama and the Democrats would look bad, and it would show that "government is bad."

Of course, a lot of people would be hurting even more than they are now, but that wouldn't include the rich -- who are the Republicans' real constituency -- or alienate the truly stupid -- who are a big part of the Republican "base." And Republicans aren't even talking to anyone else.

So obstruction is a winner for them, at least in the short run.

How much damage it does to them in the long run is an open question. American political memories are notoriously short...

Posted by: bleh on May 13, 2009 at 12:35 PM | PERMALINK

I'm starting to think Harry Reid would need an 80% majority before he could manage to get things rolling. To watch him work you would still think there's a Republican majority.

Posted by: Capt Kirk on May 13, 2009 at 12:36 PM | PERMALINK

McDouchebag said it and doesn't even get what he said.

Posted by: Gandalf on May 13, 2009 at 12:41 PM | PERMALINK

Again, Steve shows his complete lack of understanding.

What we republicans want is the complete paralysis of the federal government. As we achieve that, we will be able to point out to the American public that the Obama administration is a complete failure. This will lead to our regaining power in Congress in 2010 and retaking the presidency in 2012.

There are no problems facing our country today that are more important than having republicans regain power! It is with thanks that I say we are also grateful to Evan Bayh, Ben Nelson, and other conservative democrats who support our goals.

Posted by: RepublicanPointOfView on May 13, 2009 at 12:42 PM | PERMALINK

How did Spector vote?

Posted by: stevio on May 13, 2009 at 12:43 PM | PERMALINK

Collins "no"; Snowe "yes". Interesting.

Posted by: Chuck on May 13, 2009 at 12:44 PM | PERMALINK

Which oil companies?

Seems like it would be easy to make trouble for them.

Posted by: JM on May 13, 2009 at 12:49 PM | PERMALINK

this is good for the dems. one of the things that is going to happen on the MAJOR bills is GOP obstruction. Now, the GOP could argue for principled opposition, except for the fact that they oppose everything, period. It sets up a nice marketing advantage for the dems. losing a vote that you will win when everyone is there, plus getting another instance of GOP obstruction, is a win-win.

Keep in mind that reforming health care is the number one goal of 2009. fighting over appointees is just window dressing and the GOP is playing it wrong.

This will hurt them too when the supreme court nominee comes up.

Obama Fu.

Posted by: eric on May 13, 2009 at 12:56 PM | PERMALINK

Does anyone know why John Kyl voted AYE? Was it a personal thing -- he knows Hayes? -- a procedural thing like Reid's, or is the Republican coalition breaking up a little. (I never ask why Olympia Snowe does ANYTHING, but then I remember Margaret Chase Smith.)

Posted by: Prup (aka Jim Benton) on May 13, 2009 at 12:57 PM | PERMALINK

Contrary to the whinings and snivellings of the utopic-ish masses, this is the best outcome scenario for the moment. Reid not only exercises the procedural move that allows this nomination to come back at any time for a re-vote, but it employs the core tactic of the Obama administration as regards the Goddammed Obstructionist Party:

DAMAGE THEM ALL YOU CAN

GOPers now openly admit that this wasn't about the nominee; that it's just about showing Obama who's boss. Obama's next move---within the next few days or so---should be a full blockade against both the GOP and its noise machine. Every GOPer talking point needs to be shredded before they can get it onto the airwaves. Responses to weekly radio addresses need to be exposed as pathetic attempts at subterfuge DURING THE WEEKLY RADIO ADDRESS. GOPers need to be mocked; ridiculed; exposed as the Barnum-and-Bailey clown-college failures that they have devolved into---every minute, of every hour, of every day, until the end of days, if need be.

The order is: Seek out and engage the enemy; damage them all you can; show no mercy.

Attack. Attack. Attack.

Posted by: S. Waybright on May 13, 2009 at 1:03 PM | PERMALINK

Why the leadership didn't wait and hold the vote when Kerry and Mikulski were available, giving Hayes 60 votes, is unclear

harry reid

Posted by: linda on May 13, 2009 at 1:06 PM | PERMALINK

So much for that "up or down vote" principle that was oh-so-important and inviolable two years ago. Can anyone flip-flop like a Republican?

Posted by: Mnemosyne on May 13, 2009 at 1:08 PM | PERMALINK

It would have been 59, but John Kerry was in Massachusetts attending a funeral for a soldier killed in Iraq. It would have been 60, but Barbara Mikulski of Maryland wasn't in the chamber at the time.

It would have been 61, but Republicans are also obstructing the seating of Senator Al Franken of Minnesota.

Posted by: Gregory on May 13, 2009 at 1:08 PM | PERMALINK

Nuclear Option!

Posted by: Arley on May 13, 2009 at 1:13 PM | PERMALINK

nuclear option

Posted by: ghillie on May 13, 2009 at 1:14 PM | PERMALINK

The whole filibuster things is upside down. Why do Democrats have to come up with 60 votes to support the nomination if Republicans can't even come up with 40 votes in opposition? The vote was 57-39.
Shouldn't the onus be on the minority party to come up with 41 votes to support the filibuster rather than the majority having to come up with 60 everytime to knock it down? This is incredibly unfair and undemocratic. The filibuster needs to be done away with.

Posted by: Mike Thomas on May 13, 2009 at 1:19 PM | PERMALINK

i would also point out that there are three political sub-universes. First, there is the "beltway" with the Richard Cohens of the world that see politics as their sphere of entitlement.

Second, is "outside the beltway," where the inside baseball and personalities and day-to-day up and downs don't really register.

And, in between, is the "blogosphere," which lacks the institutional attachments to the trappings of power, but still closely follows the day-to-day fighting to the point of obsession.

The key for Obama is not to get pre-occupied with the Beltway or the Blogosphere when making political calculations, because they are not nearly representative of the political attentiveness of the folks Outside the Beltway.

Obama has to slowly piece together his narrative and that is exactly what he is doing. He always takes the long view.

eric

Posted by: eric on May 13, 2009 at 1:22 PM | PERMALINK

Recess Appointment Extravaganzeo!

Posted by: martin on May 13, 2009 at 1:27 PM | PERMALINK

Why the leadership didn't wait and hold the vote when Kerry and Mikulski were available, giving Hayes 60 votes, is unclear, but it suggests the nomination completely isn't dead yet.

One of two things suggest themselves -

The first is that this is pure PR management by Harry Reid - call the vote when you know that it's going to go down to a Republican filibuster that isn't motivated by principle at all but rather because of a tantrum. It becomes another data point in the "Republicans aren't serious about governing" narrative that has been becoming more and more dominant since last summer. It could be to set them up to look dumber when some of the things that they filibuster out of what others might consider real principles actually come to the floor.

The other explanation is that Reid fumbled. He thought he had the votes for cloture, but missed that Mikulski was going to be out, or that Kerry was at a funeral, or thought he had two more Republican votes that turned on him at the last minute.

I tend to think that the second one is what most Democrats would believe about Reid - but I've read enough about the man to know that he's considered incredibly politically scary by politicians in Nevada, so I'll leave him some wiggle room. I guess we'll see how it plays out in the end.

Posted by: NonyNony on May 13, 2009 at 1:34 PM | PERMALINK

"Why the leadership didn't wait and hold the vote when Kerry and Mikulski were available, giving Hayes 60 votes, is unclear..."

Because it makes the GOP look stupid.

Posted by: Jeff In Ohio on May 13, 2009 at 1:45 PM | PERMALINK

"Why the leadership didn't wait and hold the vote when Kerry and Mikulski were available, giving Hayes 60 votes, is unclear..."

Because it makes the GOP look stupid.

HARRY REID IS A REPUBLICAN NOW?

Posted by: Rick on May 13, 2009 at 2:02 PM | PERMALINK

I'm with Danp, @12:35. We've caved in to the goopers so much, without ever an objection, that they're now emboldened to push the envelope further. Can't blame them, either. As to whether it's going to blow in their faces, seeing that every balloon, however stretchy, has its limits... who knows. Eventually, maybe. But, by then, it might be just too late to undo the damage.

Reid the Majority Wimp is really not the person to lead; he seems to have too many other things on his mind.

Posted by: exlibra on May 13, 2009 at 2:30 PM | PERMALINK

I've said it before and I'll say it again: let them filibuster and put THEM under the magnifying glass (hopefully, on a sunny day).

They've clearly stated that their reason for filibustering is totally unrelated to Hayes' qualifications for the job. Democrats should be holding press conferences and getting on every TV show they can to hammer the GOP's petty and childish games. Request equal time for GOP representatives and challenge them to a debate on the issues.

I'm not holding my breath.

Posted by: bdop4 on May 13, 2009 at 3:44 PM | PERMALINK

Are the Republicans actually filibustering Hayes' nomination now? This was just a cloture vote, and I haven't read anywhere else that the GOPers are actually mounting a bona fide filibuster on this or any other measure. They're simply threatening to mount one, which is all they have to do, given the impeccably useless Harry Reid. I have a feeling that the term "filibuster" is being thrown around a bit loosely.

Posted by: bluestatedon on May 13, 2009 at 3:48 PM | PERMALINK

Maybe they're just waiting for the three who are out on vacation to come back.

Posted by: johnnymags on May 13, 2009 at 4:13 PM | PERMALINK

Absolutely.no.excuse.for.tolerating.60-vote.rule!
Reed, get a spine or get out!

Posted by: Neil B. on May 13, 2009 at 4:37 PM | PERMALINK

What I find really remarkable is that when the Dems were the minority, they were entirely spineless headed by Reid and "impeachment off the table" Pelosi. I pretty much despise Republicancers but at least they have some backbone. Something tells me we aren't going to see single payer healthcare either. I would like to know how promises from the healthcare companies to shave a few percentage points over a decade will get health coverage for people denied coverage by the insurance companies. According to Bill Moyers Journal, 24% of what the US healthcare companies charge goes to administrative fees while other countries do it for 12%. Currently, no mention of how the healthcare companies will even be held to their promises. Sorry for being OT.

Posted by: tko on May 13, 2009 at 6:26 PM | PERMALINK




 

 

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