Broken Senate, Gets More Broke

The Republicans know how to play hardball. The managed to get the Democrats to agree to hold pro forma sessions during the recess so that the president cannot make any recess appointments. As part of the deal, the Democrats did get about half of Obama’s 110 outstanding nominees confirmed last night, but only one of them was a judge.

Democrats agreed to the pro forma sessions to keep Republicans from sending Obama’s most controversial nominees back to him while lawmakers are out of town. Such a move would have forced the president to resubmit the nominees to the Senate and Democrats to start their confirmation processes (including hearings) all over again…

…By scheduling pro forma sessions twice a week, lawmakers can take away Obama’s ability to make recess appointments.

Obama had more than 110 executive- and judicial-branch nominees pending on the Senate’s executive calendar as of Wednesday afternoon.

The Senate approved 54 of Obama’s nominees late Wednesday evening, including a dozen ambassadors, 11 U.S. Marshals and six U.S. attorneys.

The Senate confirmed Sarah Raskin to serve as a member and Janel Yellen to serve as a member and chair of the Board of Governors for the Federal Reserve. The chamber also confirmed Maria Raffinan as an associate judge of the D.C. Superior Court, the only judicial nominee on the list.

Republican Leader Mitch McConnell (R-Ky.) had threatened to send Obama’s most controversial nominees back to the president if Democrats did not agree to schedule pro-forma sessions, according to a senior GOP aide.

Senate rules give McConnell this power.

Here’s Ezra Klein’s observation about this.

Now that McConnell has discovered a way to leverage his power over non-controversial appointees to end the president’s ability to make recess appointments, there’s little doubt that he’ll use it again, or that the Democrats will use it when the Republicans are in control. And so the already broken process for nominations becomes that much more broken.

Yup. On another note, I watched John Boehner make remarks and take questions at the American Enterprise Institute today, and he was asked how he expected to repeal ObamaCare since the president has veto power. His answer was that they wouldn’t fund it, and that they would do everything, everything in their power to undermine the bill and make sure it never gets implemented. So, all those workers at McDonald’s and Hope Depot are going to be shit out of luck if the Republicans take over the House.