Obstruction For Obstruction’s Sake

Democrats’ Obstruction Has Forced Nominees For Sub-Cabinet Positions With Bipartisan Support To Languish For Months At A Time

SEN. LAMAR ALEXANDER (R-TN): “Here is the abuse of minority rights: More than a year ago, President Trump nominated John Ryder of Memphis to serve on the board of directors of the Tennessee Valley Authority … The problem is not with Mr. Ryder. It is not because of the unusual importance of the position. The problem is with the determination of the Democratic minority to make it nearly impossible for President Trump to fill the 1,200 Federal Government positions that require confirmation by the U.S. Senate as part of our constitutional duty to provide advice and consent. This is where we are: Democrats have objected to the majority leader's request to vote on Mr. Ryder's nomination. As I mentioned, these are nominations normally approved by a voice vote…. Unfortunately, Mr. Ryder is not the only victim of such obstructionism. During the last 2 years, Democrats have done what I just described 128 times…. This unnecessary obstruction has to change.” (Sen. Alexander, Congressional Record, S. 1427-8, 2/25/2019)

John Ryder, an uncontroversial nominee for the board of directors of the Tennessee Valley Authority, had to wait over a year to be confirmed, required a cloture motion to be filed, and then was confirmed by voice vote.

• John Ryder was nominated to be a member of the board of directors of the Tennessee Valley Authority on February 2, 2018. (White House Press Release, 2/02/2018)

• A Senate Environment and Public Works Subcommittee held a hearing on Ryder’s nomination on March 20, 2018. (U.S. Senate Environment and Public Works Committee, Subcommittee on Clean Air and Nuclear Safety Hearing, 3/20/2018)

• Ryder’s nomination was advanced to the floor by the Senate Environment and Public Works Committee by voice vote on May 22, 2018. (CQ Committee Coverage, 5/22/2018)

• Ryder’s nomination lingered for the rest of 2018 and had to be returned to the president on January 3, 2019 at the end of the 115^th Congress. (PN1542, 115^th Congress)

• Ryder was renominated on January 16, 2019. (White House Press Release, 1/16/2019)

• Ryder was again approved by voice vote by the Senate EPW Committee on February 5, 2019. (CQ Committee Coverage, 2/05/2019)

• Leader McConnell was forced to file cloture on Ryder’s nomination on February 14, 2019. (PN79, 116^th Congress)

• Finally, on February 27, 2019, a unanimous consent agreement was reached to withdraw the cloture motion and John Ryder was confirmed the following day by a voice vote. (PN79, 116^th Congress)

SEN. JOHN CORNYN (R-TX): “One of the nominees we will soon be voting on is John Fleming of Louisiana, who has been nominated as Assistant Secretary of Commerce for Economic Development. Mr. Fleming's nomination was first received by the Senate in June of last year. Again, the committee held a hearing and favorably reported out his nomination within 6 weeks. Here we are, [many] months later, and he still hasn't been confirmed because the only way our Democratic colleagues will allow that is by going through this long and laborious procedure of filing for cloture and burning hours on the clock. Again, under previous administrations, a nominee for this sort of a position would be confirmed with little or no fanfare and certainly without sitting on the calendar for 7 months.” (Sen. Cornyn, Congressional Record, S. 1646, 3/05/2019)

Former Rep. John Fleming (R-LA) was nominated to be an Assistant Secretary of Commerce last summer and though he has bipartisan support, waited over 8 months, required a cloture motion to be filed, and was finally confirmed with a bipartisan supermajority vote.

• John Fleming was nominated to be Assistant Secretary of Commerce for Economic Development on June 20, 2018. (White House Press Release, 6/20/2018)

• The Senate EPW Committee held a hearing on Fleming’s nomination on July 19, 2018. (PN2171, 115^th Congress)

• Fleming’s nomination was advanced to the Senate floor by a bipartisan vote of the EPW Committee on August 1, 2018. (CQ Committee Coverage, 8/01/2018)

• Fleming’s nomination lingered for the rest of 2018 and had to be returned to the president on January 3, 2019 at the end of the 115^th Congress. (PN2171, 115^th Congress)

• Fleming was renominated on January 16, 2019. (White House Press Release, 1/16/2019)

• Fleming was again approved by the EPW Committee with bipartisan support on February 5, 2019. (CQ Committee Coverage, 2/05/2019)

• Leader McConnell was forced to file cloture on Fleming’s nomination on February 28, 2019. (PN78, 116^th Congress)

• Finally, on March 6, 2019, a unanimous consent agreement was reached to withdraw the cloture motion and the Senate voted to confirm John Fleming the next day. (Congressional Record, S. 1702, 3/06/2019; PN78, Roll Call Vote #40: Confirmed 67-30, 3/07/2019)

Democrats Repeatedly Slow-Walked And Forced Cloture Votes On Scores Of Uncontroversial Nominees Over The Last Two Years

SEN. McCONNELL: “I offered the Democratic Leader [Sen. Schumer] a package of 150 non-judicial executive branch appointments that came out of committee supported by both Democrats and Republicans…. And he rejected it. We had 30 district court judges … I tried to get the Democratic Leader to approve, 12 of whom … the Democratic senators had a major role to play in who got nominated, and they were rejected.” (U.S. Senate Rules Committee Business Meeting, 2/13/2019)

• During the 115^th Congress, Democrats wasted time forcing cloture votes on at least 45 nominees who were ultimately confirmed with supermajority support (67 votes or more) (“Cloture Motions - 115th Congress,” U.S. Senate Website, Accessed 1/02/2019; Congress.gov)

• Only 25 out of 85 judicial nominations in President Trump’s first two years required no cloture motions. (Congress.gov, Accessed 3/06/2019; “Cloture Motions - 115th Congress,” U.S. Senate Website, Accessed 3/06/2019)

In January 2018 the Senate was forced to spend over a week to confirm four uncontroversial district court judges. (“Roll Call Votes 115th Congress - 2nd Session (2018),” U.S. Senate Website, Accessed 3/06/2019; PN748, 115^th Congress; PN1015, 115^th Congress)

• All four nominees were approved by the Senate Judiciary Committee by voice vote. (CQ Committee Coverage, 10/05/2017; CQ Committee Coverage, 10/19/2017; CQ Committee Coverage, 10/26/2017)

• Each nominee was subjected to a cloture vote, but only one senator, Judiciary Committee member Mazie Hirono (D-HI), voted against cloture on their nominations. (PN748, Roll Call Vote #2: Motion agreed to 89-1: R 43-0; D 44-1; I 2-0, 1/08/2018, Hirono voted Nay; PN752, Roll Call Vote #4: Motion agreed to 96-1: R 48-0; D 46-1; I 2-0, 1/09/2018, Hirono voted Nay; PN747, Roll Call Vote #6: Motion agreed to 97-1: R 50-0; D 45-1; I 2-0, 1/10/2018, Hirono voted Nay; PN1015, Roll Call Vote #8: Motion agreed to 90-1: R 45-0; D 44-1; I 1-0, 1/11/2018, Hirono voted Nay)

• All four were confirmed with ZERO votes in opposition, and even Sen. Hirono VOTED TO CONFIRM ALL FOUR of them. (PN748, Roll Call Vote #3: Confirmed 97-0: R 48-0; D 47-0; I 2-0, 1/09/2018, Hirono voted Yea; PN752, Roll Call Vote #5: Confirmed 98-0 : R 50-0; D 46-0; I 2-0, 1/10/2018, Hirono voted Yea; PN747, Roll Call Vote #7: Confirmed 92-0: R 45-0; D 45-0; I 2-0, 1/11/2018, Hirono voted Yea; PN1015, Roll Call Vote #9: Confirmed 96-0: R 48-0; D 46-0; I 2-0, 1/11/2018, Hirono voted Yea)

In 2017, David Nye, a district court nominee who was originally nominated by President Obama, required a cloture vote, yet no senator voted against cloture and his nomination was confirmed 100-0. (PN1297, 114^th Congress; PN373, Roll Call Vote #157: Motion agreed to 97-0 : R 49-0; D 46-0; I 2-0, 7/10/2017; PN373, Roll Call Vote #158: Confirmed 100-0 : R 52-0; D 46-0; I 2-0, 7/12/2017)