Confirmation Slowdown Forces a Senate Showdown
President Trump’s first nominee was confirmed on the day he was inaugurated, when senators voted unanimously to install their former colleague Marco Rubio as secretary of state. It has been tough sledding for executive branch nominees ever since.
Citing objectionable Trump administration candidates and lawless acts by the president and his team, Senate Democrats have slowed the process to a trickle, insisting on recorded votes for every nominee in a move that has left top agency slots vacant. It has also angered Republicans who accuse them of a new level of obstruction when it comes to confirmations.
Senator John Thune, the South Dakota Republican and majority leader, is threatening to cancel part of the Senate’s August recess, scheduled to begin at the end of the week, to process nominees if Democrats do not relent and allow some of Mr. Trump’s picks to speed through. Republicans have also begun considering changes in Senate rules and practices to overcome the tactic.
“If you look at just the historical precedent with regard to noms,” Mr. Thune said on Tuesday, referring to nominations, “we have never seen in history anything like what the Democrats are now doing.” He added: “If it doesn’t change, we’re going to grind it out here and Democrats are going to be here whether they like it or not.”
Democrats say they are weighing whether to make a deal with Republicans on a consensus package of nominees before breaking for recess, and want to see whom Mr. Thune puts forward. But they say they are comfortable with their actions so far, given what they call the poor caliber of the president’s nominees and the fact that his administration is routinely usurping the powers of Congress, including by withholding appropriated funds.
“Historically bad nominees deserve historic levels of scrutiny,” said Senator Chuck Schumer, Democrat of New York and the minority leader.
The showdown comes as Democrats continue to puzzle over the best way to challenge Mr. Trump as he defies Congress and pushes the boundaries of the law and the Constitution. Some have concluded that they must continue to work with Republicans to get certain business done when there is agreement to be had, while others want a more confrontational approach in which they refuse any bit of cooperation on principle to protest the administration’s policies and tactics. The dilemma has complicated spending negotiations to avert a government shutdown and erupted into a nasty shouting match among Democrats on the Senate floor this week.
In the past, scores of nominees below cabinet level who passed committee review would be packaged together and pushed through the Senate as a slate after being cleared by party leaders. But the confirmation process has been deteriorating for years as both parties have employed their procedural power to stall nominees even when they will eventually be confirmed after jumping through the required, time-consuming hoops.
For the first time, Democrats, under pressure to show they are fighting back against Mr. Trump and the Republicans, have required votes on every nominee to reach the floor, often using their right to force two votes while insisting on the minimum two-hour delay between the votes. With about 1,200 positions needing Senate confirmation, the approach would theoretically require 2,400 votes when the Senate took just under 340 votes all of last year.
Toiling to push nominees through, Mr. Thune has begun to regularly hold nighttime confirmation votes, allowing the Senate to approve at least 113 nominees so far.
But Republicans note that when the Senate broke for the August recess in 2021, the Senate had confirmed 150 Biden administration nominees, 76 of them by a quick voice vote rather than a roll call. In Mr. Trump’s first term, the Senate had confirmed 133 nominees by the recess, including more than 60 in a package as senators left town. More than 150 Trump nominees are currently awaiting action.
Republicans say they would like to see about 40 additional nominees confirmed before the August recess, putting them on par with Mr. Biden’s total from 2021. They say they intend to see those confirmations either through floor votes or a deal with Democrats, and are hoping the enticement of a vacation after months of butting heads will lead to an agreement.
Top Republicans also say that Democrats will regret setting the new standard when they return to power at some point.
“Their partisan escalation on even the most routine nominees has set a sad new standard,” Senator John Barrasso of Wyoming, the No. 2 Senate Republican, said. “If it continues, there will be no return. The die will be cast.”
At a private luncheon session on Tuesday, Republicans discussed taking steps to thwart Democrats, such as eliminating the time required between a procedural and final vote of approval and other ways to expedite nominees, though any attempt to change the rules would be incendiary.
Senator Lindsey Graham, Republican of South Carolina, said another alternative would be to group Trump nominees with candidates for Democratic slots on federal commissions, “so we have something to trade with.”
“I hope we will have a breakthrough,” he added.
The slowdown also has reignited discussion of clearing the way for Mr. Trump to make temporary recess appointments, though many Republicans would be reluctant to surrender their influence over the process.
Mr. Trump encouraged Mr. Thune to keep the Senate in Washington to push nominees through and has shown a particular interest in getting more of his ambassadorial picks in place.
On Tuesday, he also called on Senator Charles E. Grassley, the Iowa Republican who chairs the Judiciary Committee, to abandon a policy that gives Democrats veto power over federal district court nominees and U.S. attorney picks in their states to allow him to fill more slots. Mr. Grassley has said repeatedly that he does not intend to change the so-called blue slip policy.
The Democratic tactics have created complications for Republican leaders who need to keep close track of attendance to make sure they have enough votes on contentious nominees, and that Vice President JD Vance is available to break ties. The confirmation slog has resulted in floor votes on multiple more obscure administration posts whose nominees have typically been routinely approved by unanimous consent.
Democrats say their position is justified.
“You’ve got a lawless president,” said Senator Chris Van Hollen, Democrat of Maryland. “Why should anyone aid and abet his lawless efforts?”