Senators are just one week away from their long-awaited August recess — if they can just get a deal done to speed up the confirmations of a slate of President Donald Trump’s nominees.
Right now, there’s no deal in sight.
“No,” Sen. Dick Durbin said when asked if there was any semblance of an agreement.
“Not that I’m aware of,” Sen. Peter Welch echoed.
Majority Leader John Thune has a backlog of nominations for federal judgeships and administration officials, and Trump is urging him publicly to get through the backlog before he lets senators go home. Thune has said he’s open to keeping members in town if Democrats don’t cooperate.
But Democrats are putting up a fight, both to make Republicans go through the “procedural hurdles” as a protest tactic and to make a statement about the quality of Trump’s nominees.
Republicans argue it’s political, with many stressing that Democrats have filibustered all but one of Trump’s nominees (Secretary of State Marco Rubio) this term.
“They have been obstructive every step along the way,” Sen. John Barrasso told NOTUS on Thursday. “They have filibustered every nominee, other than Marco, who was the first nominee, and as of today, they’re not showing any signs of relenting, and we’re going to continue to push and we’re going to get so many of these confirmed.”
Sen. Ted Cruz told reporters Thursday that Senate Democrats are “consumed by hatred for Donald Trump, so they have demonstrated very little willingness to be reasonable.”
A deal would require Democrats to allow some nominees to advance through procedural motions by voice vote or unanimous consent, as previous Congresses have typically done. But they seem intent on making each and every nominee go through each and every hurdle.
Besides wanting to stand up to Trump’s agenda, Democrats say they’re concerned about the qualifications and political stances of the nominees, particularly those for federal judgeships, and they want a recorded vote on these nominees.
“I know that many Democrats are much more concerned about judges than they are for all the different agencies,” Sen. John Hickenlooper told NOTUS this week.
Sen. Cory Booker suggested the threat of losing recess isn’t that important — not when compared to keeping nominees Democrats see as unfit off the bench.
“What’s important is that we make a stand in the Senate in every way possible to stop judges from getting on the bench for lifetime appointments that are so disrespectful for the law,” Booker said.
Still, what lawmakers say, and how they really feel, are often two different stories, particularly when August recess is at stake.
The House is already gone for its six-week break, and senators staying in Washington could have political and personal fallout for members.
The Senate has already spent more time in session this year than normal, including heavy days, a shortened Fourth of July recess and four overnight vote-a-ramas. Most lawmakers have commitments in their home states to campaign in August, and some have congressional delegation trips abroad.
It’s why Republicans have generally said they’re open to a deal if Democrats will play ball. But time is running out to pull something together. Senators left town Thursday afternoon and will return Monday evening, with only three scheduled legislative days before their break is supposed to start.
But Thune filed cloture on five more nominees Thursday afternoon. And a final confirmation vote is likely to occur for one controversial appeals court nominee, Emil Bove, on Monday. Judicial nominees have been especially testy this term, with Democrats still seething at the effect that Trump’s first term had on the federal judiciary.
“Mr. Bove’s nomination previews the dark, ominous plan that Donald Trump and Republicans have for the federal judiciary,” Senate Minority Leader Chuck Schumer said this week. “They want to fill our courts with partisan operatives who will protect and serve Donald Trump, not protect the rule of law. Experience doesn’t matter. Judicial independence doesn’t matter.”
But with just a few short days before senators are officially working overtime, there’s no movement on getting a compromise, at least as far as the senators NOTUS spoke to on Thursday were aware.
Republicans were similarly unaware of any deal in the offing, pinning the blame on Democrats for holding up the process.
“That’s up to Schumer,” Sen. Markwayne Mullin said of a potential deal. “We’re trying to work to it.”
Cruz was similarly clear that he blames Democrats.
“Historically,” he said, “both sides have typically cut a deal on nominations going into August. I hope that happens this time as well.”