June 29, 2009
HOLDS.... Sen. Saxby Chambliss (R-Ga.) explained over the weekend that he's put a hold on Harvard law professor Cass Sunstein's nomination to head the Office of Information and Regulatory Affairs. Sunstein easily cleared the Homeland Security and Governmental Affairs Committee in May, but Chambliss doesn't want him to get a floor vote, because of something Sunstein once wrote about animal rights.
If this were just an isolated delay, it would hardly be cause for concern. It's not. This is, regrettably, quickly becoming the norm.
In a burst of activity before adjourning on Friday for a two-week recess, the Senate confirmed 12 nominees for important positions in the Obama administration. That is the good news. Unfortunately, there are still 21 nominees for important posts awaiting confirmation.
Most of the stranded nominees have long since had hearings and majority approval by Senate committees and meetings with lawmakers. None of the nominees have been tainted by scandal or had their core competence questioned. And yet, they remain unconfirmed -- one for more than three months and several others for more than a month -- mainly because of holds, often anonymous and unexplained, by Republican senators.
Holds are effectively a filibuster, requiring 60 votes to overcome. Used legitimately, they can buy time to clear up unanswered questions about a nominee's qualifications. But the current widespread holds of uncertain duration are obstructionism. Writing in the Capitol Hill newspaper Roll Call, Norman Ornstein, a Congressional scholar at the American Enterprise Institute, said the mass delays are "damaging the fabric of governance."
That may sound hyperbolic, but Ornstein makes a very compelling case that good governance is undermined by these "capricious" holds. He explained, "We need political appointees in place to make decisions and sign off on policies. Of course, there are talented career executives. But they often lack the authority, or the will, to make tough or controversial decisions that are not normally in their purview. Some of the delays in implementation of the stimulus package have undoubtedly occurred because no official able to expedite the normal vetting process for projects or grants has been in place to do so. It is also important to keep in mind that incoming officials cannot start operating at 100 percent the day they are sworn in; it takes a while to learn the ropes and the procedures, so these delays will be even longer and more damaging than they appear."
I'd just add that while the holds are themselves frustrating, I'm not even sure why the Senate has to confirm all of these officials anyway.
Regardless, there was at least some progress last week, with Harold Koh's confirmation. It'd be even more encouraging if Dawn Johnsen (OLC) and Robert Groves (Census Bureau) could overcome holds and get up-or-down votes, too.
—Steve Benen 8:35 AM
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What a bunch of mean wittle kids!
They'd take their ball, and go home, but it is no longer their ball.
They tried holding their breath until they turned blue, but that didn't work out either.
Hence, the holds.
I wonder if any red state voters are watching. . .
Posted by: DAY on June 29, 2009 at 8:36 AM | PERMALINK
Two questions:
1) When the Republicans were running the Senate, did they permit anonymous holds that went on for weeks or months?
2) Can something be changed so that holds don't count unless someone takes "credit" for it?
Posted by: SteveT on June 29, 2009 at 8:40 AM | PERMALINK
The something that needs to be changed is the Majority Leader. A vertebrate in that position would quickly put a stop to this nonsense.
Posted by: Steve LaBonne on June 29, 2009 at 8:47 AM | PERMALINK
Is it possible to publicize a list of the Senate holds and how long each has lasted? Once that list is published, then TPM or some similar news organization can mobilize the blogosphere to find out who is responsible and what the alleged reasons are.
This is inside the beltway work that, if the results were made public, could really politically effect the Senate.
Posted by: Rick B on June 29, 2009 at 8:48 AM | PERMALINK
Thank God for patriots like Saxby Chambliss. Liberals will get full control of the government only when they pry it from our cold dead hands.
Posted by: Al on June 29, 2009 at 8:49 AM | PERMALINK
not even cass sunstein deserves to live in a universe where someone like saxby chambliss is a senator -- though i'm sure ol' cass could make up a plausible scenario in which saxby is exactly right for the job...
republicans are left with their naked hold on power... diminished and diminishing as it is...
nearly each and every thing they do is just an iteration of "behold, i am the sun..."
Posted by: neill on June 29, 2009 at 8:53 AM | PERMALINK
In my America, Chambliss, and anyone like him, gets his ass kicked to the curb! -Kevo
Posted by: kevo on June 29, 2009 at 8:53 AM | PERMALINK
Thank God for patriots like Saxby Chambliss. Liberals will get full control of the government only when they pry it from our cold dead hands.
Posted by: "Bitter" Al
Two words here: Recess Appointment. Consider it pried....
Posted by: S. Waybright on June 29, 2009 at 8:54 AM | PERMALINK
Too bad the Senate Majority Leader is that completeley useless POS Harry Reid. We need a majority leader that just ignores the BS "holds".
Posted by: Napoleon on June 29, 2009 at 8:58 AM | PERMALINK
The filubuster and other extraordinary means were designed to protect minority rights. But their promiscuous abuse is taking us into an era of minority rule.
Posted by: Ted Frier on June 29, 2009 at 9:03 AM | PERMALINK
I wonder if any red state voters are watching. . .
I'm sure the red state Republicans are in full support of these holds, as they wish for Obama's administration to fail and anything they can do to help it move towards failure is considered a win on their side. It's the job of the Democrats to bring this wish (and work) for failure to the attention to the red state voters who are NOT Republicans.
Posted by: a different phil on June 29, 2009 at 9:11 AM | PERMALINK
remember too that chambliss is the the classy guy who, in order to get elected, smeared Max cleland and called him a traitor, even though Cleland served in vietnam and lost 3 limbs in the process. Chambliss, there is a hot place waiting for you, and a-holes like you.
Posted by: In what respect, Charlie? on June 29, 2009 at 9:14 AM | PERMALINK
If the Senate wasn't an ossified barrel of fail they would amend the 'hold rule' so it had a time limit. A hold for 30 days is plenty o' time for any Senator to make get more information and/or persuade his colleages about whatever bug is up his honorable ass. Holds beyond a certain point give an individual Senator a bizzaro negative power of appointment and that's not how the Constitution was written. But I'd put big money on Harry Reid doing absolutely nothing to fix the situation. Of course doing nothing is always the chalk bet when it comes to the Greatest* Deliberative Body in The World.
* - not
Posted by: joejoejoe on June 29, 2009 at 9:22 AM | PERMALINK
OT: There is a SmartCar frequently parked on my dense, urban, cobalt blue street. It's festooned with Obama, Coexist, Out of Iraq, pro-choice, etc. bumper stickers...and among the predictable progressive stickers is one that says "Hunters for Saxby Chambliss."
I keep hoping to run into the person getting into or out of the car so I can ask him/her what's up with that.
Posted by: shortstop on June 29, 2009 at 9:46 AM | PERMALINK
It all makes sense if you accept the premise that no Democratic administration is a legitimate administration.
A royalist party in a parliament has no real interest in increasing its share of votes in that body, never mind cooperating with the small-r republican parties in governing. Their purpose for being is to shut it down, or at least neuter it, so that there can be a restoration.
The Congressional GOP's present position is analogous to the royalists and Bonapartists in the French assemblies of the 19th century.
They have no interest in the smooth functioning -- any functioning -- of a body whose legitimacy they fundamentally do not accept. They only want a rapid transition back to a monarchy.
The weirdest transformation of political terminology hasn't been what happened to the word 'liberal' since John Stuart Mill -- it's what happened to the word 'republican'.
Posted by: Davis X. Machina on June 29, 2009 at 10:16 AM | PERMALINK
"cobalt blue street" - Ah, how lovely if many planted the wonderfully aromatic yellow Graham Thomas rose nearby.
If, only more hunters could sight in on Saxby. No fire for effect, of course.
However, this is another of the archaeic Senate rules. Another mis-use has been by the Oklahoma Senator Coburn. He has delayed many a wilderness designation in other states. He blocked one for several years in Washington State and he blocked one surrounding Mt Hood in Oregon which was co-sponsored by both Oregon Senators - Wyden, the Democratic one and then Senator Gordon Smith, the Republican. Coburn is currently trying to pull stimulus money from several projects in both Oregon and Washington. One involves marijuana testing for pain relief at Wazzoo's Vancouver, WA campus. Senator Coburn, stay the hell out of the PNW and commit your political malpractice in the Senate.
Posted by: berttheclock on June 29, 2009 at 10:21 AM | PERMALINK
repeal the whole "holds" thing...it's a ridiculous entitlement that gives any POli with a grudge to hold up the works. It's like having one person on a bus hold the entire trip hostage because they don't like the seat they've taken.
"He said mean things about the waitress at Cracker Barrel, wa wa wa wa..."
What happened to Reps that had a mandate to do what's right for the country, and not the party they belong to?
Posted by: johnnymags on June 29, 2009 at 10:21 AM | PERMALINK
What is wrong with this Georgian CHICKEN HAWK? Is he being influenced by some barnyard friends, and other Repub CHICKEN HAWKS?
Posted by: Ted76 on June 29, 2009 at 10:44 AM | PERMALINK
Some of the delays in implementation of the stimulus package have undoubtedly occurred because no official able to expedite the normal vetting process for projects or grants has been in place to do so.
The whole function of the social conservative in life is to cause as much damage to society as he can while pretending to some higher purpose.
Posted by: alan on June 29, 2009 at 11:04 AM | PERMALINK
berttheclock: I believe even Oregon's only Republican US congressman, Walden, approved of the Mt Hood wilderness expansion.
I agree with whomever said there should be a limit on holds - 30 days is plenty. It's ridiculous that the Rs are such obstructionists.
Posted by: Hannah on June 29, 2009 at 12:16 PM | PERMALINK
Only spinelessness of Democrats, in the majority, prevents them from overturning this "hold" capability - ? Even if it's tradition, Republicans are too irresponsible to have the option.
Posted by: N e i l B on June 29, 2009 at 12:24 PM | PERMALINK
Is anyone really in a hurry to get Cass Sunstein to where he can do the most damage?
http://www.aaronsw.com/weblog/casskills
Posted by: Capt. Jean-Luc Pikachu on June 29, 2009 at 1:37 PM | PERMALINK
It all gets us back to the media's dereliction of duty. When it was Bush nominees, all you heard on the news was Republics [sic] whining about the president being unfairly deprived of an up or down vote on his nominee.
Anyone heard reporting of the current situation except framed in a way that makes the president and his staff look bad and the obstruction Republics [sic] look like heroes?
I was forced to listen to WBUR for two hours today while driving in my car (sadly, my CD player has stopped working and I can't listen to recorded books) and Robin Young commiserated with one of her guests that the American public is to blame for the lack of coverage of substantive stories and the wall-to-wall coverage for days on end of Michael Jackson.
Three minutes later Robin Young informed the listeners that starting at three there would be an hour of coverage of ... Michael Jackson.
Posted by: karen marie on June 29, 2009 at 3:35 PM | PERMALINK
Four year presidential terms.
Block key nominees from working for 6+ months.
More than 10% of this administration's time to act is now history.
I agree with the royalist analogy, the Republicans have no interest in governing.
The amazing thing is how they've managed to get so many people to vote against their own interests for so long.
Posted by: Jeff Wenker on June 29, 2009 at 9:29 PM | PERMALINK
Somebody put Chambliss up to this hold. I'm from Georgia and believe me he is not intelligent enough to know how himself.
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