May 14, 2009
OBSTRUCTIONIST NELSON.... The Senate Democratic caucus has 59 members. Sen. Dick Lugar (R-Ind.) supports Dawn Johnsen's nomination to head the Justice Department Office of Legal Counsel. So, what's stopping the majority from breaking the Republican filibuster and confirming Johnsen? Ben Nelson is.
Sen. Ben Nelson's opposition to President Obama's choice to head the Justice Department Office of Legal Counsel appears to be the key obstacle to her confirmation. Democrats say Dawn Johnsen, an Indiana University law professor, has 59 backers in the Senate -- just one vote shy of cloture. Nelson, a Nebraska Democrat, is standing firmly against her appointment, pointing to Johnsen's job 15 years ago as a counsel to the abortion rights group NARAL.
All of which has left Nelson's critics furious. Where was the principled opposition from the Senator during the Bush years? Why is he refusing to show Obama the same deference that he offered the previous administration?
It's hardly news that Nelson is the most conservative Senate Democrat, but even for him, this is ridiculous. Just a few weeks ago, Nelson's office assured observers, "the senator doesn't support obstruction and usually votes for cloture," even though he doesn't support Johnsen.
Which is fine. Nelson has "concerns" about Johnsen because she, like most Americans and the vast majority of Democrats, is pro-choice. It stands to reason that he'd vote against her nomination.
But what's at issue here is Republican obstructionism. Nelson isn't just opposing a qualified nominee, he's refusing to even let the Senate vote on her nomination. A senator who claims to be a Democrat will not let a Democratic Senate vote, up or down, on a Democratic president's choice for the OLC. This from a man who claims to oppose "obstructionism."
To add insult to injury, Nelson found filibusters against George W. Bush's nominees to be offensive, and routinely voted with Republicans to cut off Democratic efforts. He explained that he believed Bush's nominees "deserve an up-or-down vote," even when the person in question "isn't popular with the special-interest groups in Washington."
Nelson, in other words, is going easier on Bush than Obama -- all because Dawn Johnsen worked for NARAL 15 years ago.
Whenever you hear talk about Dems having a "filibuster-proof majority," remember that Ben Nelson is one of the 60, and he'll betray his allies whenever it suits his purposes.
—Steve Benen 3:40 PM
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Ben Nelson is an independent thinker. You can't box him in. He forces Democrats to articulate and defend their values, and that can only be good for the party.
Posted by: MatthewRQuarreler on May 14, 2009 at 3:42 PM | PERMALINK
I realized a long time ago that Ben Nelson is a more reliable Republican than most Republicans.
That there is no consequence for this position is beyond my understanding. I guess Harry Reid works in mysterious ways.
Posted by: Ron Byers on May 14, 2009 at 3:44 PM | PERMALINK
Matthew, that argument is tired. How can he call himself a Democrat when he won't support Democratic positions? He doesn't have to vote for every party plank, but Nelson is a reliable "no" vote on every important Democratic issue. This is, as Steve notes, simply obstructionism, not principle or independence.
Posted by: Ray Lodato on May 14, 2009 at 3:46 PM | PERMALINK
It's really not so difficult. Nelson is a republican, just as blue dog = GOP.
Posted by: rbe1 on May 14, 2009 at 3:52 PM | PERMALINK
While Rome burned...
Our American empire is dysfunctional to the point of being mentally ill. Imagine a house so divided against itself that it takes a super majority to agree to fill basic chickenshit government positions...
That's the good news.
The bad news?
Global warming doesn't give a shit about cloture either...
Posted by: koreyel on May 14, 2009 at 3:52 PM | PERMALINK
Harry Reid, Rahm Emanuel, Joe Biden, and the Big Guy himself should sit Ben Nelson down and tell him he gets nothing, absolutely nothing, for the next four years unless he stops this s**t.
Posted by: CJColucci on May 14, 2009 at 3:52 PM | PERMALINK
I think this has more to do with the fact that Obama is planning on bringing the student loan business back in-house. Apparently Nebraska has a number of private student loan vendors that will lose under this budget plan and I imagine Nelson is holding Dawn Johnson hostage until someone gives on the student loan thing. Just a hunch....
Posted by: Cheryl on May 14, 2009 at 3:54 PM | PERMALINK
What exactly is his concern? That at OLC he will do a Bybee memo allowing CIA officers to abort terrorist fetuses? Seriously, how could the NARAL issue ever intersect with OLC responsibilities?
Posted by: Danp on May 14, 2009 at 3:55 PM | PERMALINK
It is beyond hypocritical for Nelson to use this NARAL argument since his pollster in his winning Senate campaign in 2000 and 2006, Harrison Hickman, was NARAL's pollster for 15 years and came up with the "Who Decides?" messaging for them as well.
Posted by: Captian Spaulding on May 14, 2009 at 3:58 PM | PERMALINK
Why is Nelson a Democratic? Everytime I hear his name, he's siding with the Republicans. Does he ever side with Dems?
Posted by: Chris on May 14, 2009 at 4:00 PM | PERMALINK
We need to nominate Sen. Nelson for the next Olbermann WTF moment! -Kevo
Posted by: kevo on May 14, 2009 at 4:00 PM | PERMALINK
Does anyone have an email address for Nelson? I would like to post it everywhere so he can hear how popular his obstructionism is to the voting public.
Vote against her if you must but at least allow her to be voted on.
Will check back later for an email address.
Posted by: bjobotts on May 14, 2009 at 4:04 PM | PERMALINK
What we don't want is a minority in Congress frustrating the will of the majority of voters, who voted for a Democratic president, Democratic policies, and Democratic majorities in both houses. The filibuster was intended to be used only in extraordinary situations, not the run-of-the-will way the Republicans have been abusing it.
Posted by: frazer on May 14, 2009 at 4:09 PM | PERMALINK
I think this has more to do with the fact that Obama is planning on bringing the student loan business back in-house.
This is, I suspect, closer to the truth about why Nelson is obstructing Johnson than the rather stupid idea Johnson's ties to NARAL make her an inappropriate candidate for the OLC.
Posted by: NonyNony on May 14, 2009 at 4:12 PM | PERMALINK
Can we please stop feeding the troll? PLEASE?
Posted by: msmolly on May 14, 2009 at 4:13 PM | PERMALINK
"Wow. And liberals wonder why conservatives don't want Congress meddling in our private affairs." - McGruber
Except for who we marry, what we do in our bedrooms and homes, and health and medical decisions.
Posted by: GiggsisGod on May 14, 2009 at 4:13 PM | PERMALINK
Mcshitforbrains there only dumb programs if you don't agree with them.
Posted by: Gandalf on May 14, 2009 at 4:14 PM | PERMALINK
McGruber reminds me of the good old days when there were so many idiotic dumbass right-wing "trolls" who posted their clowning clownishness here for our amusement.
I remember "Charlie" and his various pseudonyms; tbrosz; Don P.; rdw and others.
All long gone, flushed down the toilet of history along with George W. Bush's public approval ratings.
The true hard-core Ditto-Heads are really a dying breed.
That's a very good thing, but still, reading McGruber's one-dimensional cartoon comic-book stereotype boilerplate drivel, I must say find myself feeling a bit sentimental for days gone by when there were so many brain-dead right-wing trolls who were so much fun to whack and it even seemed like they really mattered, and responding to their bumper-sticker talking points was really worthwhile.
Now it's obvious they are just a sad joke. And always were.
Posted by: SecularAnimist on May 14, 2009 at 4:17 PM | PERMALINK
because, McG, even worse (much worse) than the idea of a bunch of Ben Nelsons screwing with my health care is the idea of a bunch of Bernie Madoffs, Ken Lays, "Smartest Guys in the Room" and AIG-sters screwing with my health care in ways solely to maximize their own greedy profits, my care be damned.
Posted by: zeitgeist on May 14, 2009 at 4:19 PM | PERMALINK
Ben Nelson is a dick.
Posted by: David Bailey on May 14, 2009 at 4:20 PM | PERMALINK
When will Dems face the fact that the "filibuster" is no longer a tactic but a weapon used to kill democratic successes. The majority is held hostage by a minority because of an outdated senate "rule" which should be seen as unconstitutional. Face reality...republicans have abused this rule and will continue to do so until it is revoked. They don't give a shit about the public good, only political power.
Blocking the senate from even being able to vote on a nominee is not representative of a democracy so why are the people "forced" to tolerate it?
Dawn Johnsen is the best nominee to come from Obama and Reid must make sure she at least gets to be voted on...even if he has to bite off Nelson's ear.
Posted by: bjobotts on May 14, 2009 at 4:25 PM | PERMALINK
I remember "Charlie" and his various pseudonyms
He spammed every thread too, took them over and held them hostage. Shutting down conversation was his only goal, too.
Posted by: Esme W.L.A.S. on May 14, 2009 at 4:26 PM | PERMALINK
So apparently you DON'T actually have a problem with goverment "meddling in our private affairs."
Which is it, McGruber?
Posted by: GiggsisGod on May 14, 2009 at 4:28 PM | PERMALINK
McGruber: "I could care less what you do in your bedroom or house."
With all due respect, nobody gives a flying fuck what you care about or don't, asshole.
You are an ignorant, stupid and irrelevant member of a crackpot lunatic fringe that the American people have overwhelmingly rejected.
Posted by: SecularAnimist on May 14, 2009 at 4:33 PM | PERMALINK
A true senate majority leader would be denying Nelson any sub-committe chairs, taking him off any important committee assignments and basically making his life in the senate a living hell.
Unfortunately the Democrats have Harry 'I just want to be loved by my abusers' Reid as their 'leader'.
Why they keep this guy around I will never know.
Posted by: thorin-1 on May 14, 2009 at 4:35 PM | PERMALINK
McGruber wrote: "... the traditional definition of marriage, in all major religions and cultures."
To the extent that marriage is defined as a religious sacrament, it is an "establishment of religion", and the government is prohibited by the Constitution from giving it any recognition whatsoever.
If you don't like the US Constitution then move to Iran.
Posted by: SecularAnimist on May 14, 2009 at 4:38 PM | PERMALINK
"...In light of this kerfluffle, are you sure you want a bunch of idiotic nitwits crafting legislation to regulate the financial and health care industries?..."-McGruber
What an idiot...the financial and health care industries don't connect... and it is health care ins., not the 'care' itself...and only an idiot cannot understand that the SS program is the greatest most successful program Americans have ever had. Maybe it doesn't work for you but it does for millions and if everyone paid the same portion of their income into it would always run a surplus. You're general lumping of issues to support your resentments don't compute like saying I hate the EPA and the FDA and wish they'd just let me buy my prescriptions direct from Canada...duh!
Posted by: selfbuilt hiway on May 14, 2009 at 5:00 PM | PERMALINK
You know, Harry could put the screws to Nelson. Nelson can vote "no" on the nomination if he wants, but being a Democrat means he has to vote to have a vote. I like the idea of stripping the SOB of all his plumb committee posts until he realizes that he is a Democrat.
Posted by: Ron Byers on May 14, 2009 at 5:04 PM | PERMALINK
McGruber wrote: "Last time I checked, state after state after state were passing laws against gay marriage, or passing laws defining marriage as union between a man and a woman."
You haven't checked lately then. In reality, state after state after state is passing laws to recognize same-sex marriages.
Fortunately, homophobic bigots like you are a dying breed and the American people are overwhelming rejecting your religion of fear, prejudice and hatred.
McGruber wrote: "The Constitution merely prohibits government from establishing or recognizing one religion over another."
Wrong. The Constitution says that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof".
If marriage is a religious sacrament, then it is an establishment of religion, and the Congress may not make any law regarding marriage.
In particular, if even one religion recognizes same-sex marriages, then a law "defining marriage as union between a man and a woman" is blatantly unconstitutional since it would prohibit the free exercise of that religion.
The only form of marriage that the government can regulate or legislate about in any way is civil marriage, sometimes called civil union, which is no more and no less than a legal contract between two freely consenting individuals. And the government most certainly cannot prohibit individuals from freely entering into legal contracts with each other because of their race, gender or other irrelevant issues.
McGruber wrote: "One last thing: the government recognizes religion all over the place."
You are not asking the government to "recognize" religion. You are asking the government to make your ignorant, backwards, oppressive and evil religion the law of the land and force it on everyone else -- while simultaneously screeching that "conservatives don't want Congress meddling in our private affairs".
It's amazing that you don't vomit with disgust at your own hypocrisy.
Posted by: SecularAnimist on May 14, 2009 at 5:14 PM | PERMALINK
Last time I checked, state after state after state were passing laws against gay marriage, or passing laws defining marriage as union between a man and a woman.
You seem slightly outdated, McG. That should say:
Last time I checked state after state after state were legalizing gay marriage and the 'union between a man and a woman' thing got struck down as fast as it was passed.
Posted by: SRW1 on May 14, 2009 at 5:20 PM | PERMALINK
Nelson's obstructionist behavior is enabled by Harry Reid. A majority leader worthy of the name would never tolerate someone like Nelson, and would assert his prerogatives as leader. Until that happens we can expect more of the same.
Posted by: rRk1 on May 14, 2009 at 5:45 PM | PERMALINK
Looks like the Mystery Moderator finally got fed up with McGruber's troll-spam and deleted it.
Posted by: SecularAnimist on May 14, 2009 at 6:04 PM | PERMALINK
Nelson is holding his vote until BHO backs off of the student loan industry.
Posted by: billy on May 14, 2009 at 9:10 PM | PERMALINK
Dawn Johnson has integrity...which is why culture of corruption and mad torturing Republicans, along with some equally corrupt conservative Blue Dog Democrats, are virulently opposed to her nomination.
Posted by: The Oracle on May 14, 2009 at 11:24 PM | PERMALINK
IMO, the thing that is so maddening about Nelson's and all anti-Choice legislators is that Roe v. Wade is the law of the land. Choice is the law of the land. It's not just a policy difference, it is obstructing a nominee who agrees with the law and will swear to uphold the law.
Posted by: bcinaz on May 15, 2009 at 11:42 AM | PERMALINK