At first blush, it seemed like progress yesterday when
senators argued about Loretta Lynch’s pending nomination as the next
Attorney General, but the headway was illusory – they were debating the wrong thing.
Senate Minority Whip Dick Durbin (D-Ill.) argued that the
Republican majority was asking the first African-American woman ever
nominated for A.G. for “sit in the back of the bus,” which led to a
bitter dispute. Sen. John McCain (R-Ariz.), who expressed support for Lynch before changing his mind without explanation, took offense to the Rosa Parks analogy.
Away from the drama, however, a different realization was
setting in: the Senate wrapped up its work for the week late yesterday.
Senate Majority Leader Mitch McConnell (R-Ky.) had given his word
that the Lynch nomination would receive a vote this week, and with the
announcement that there would be no more roll-call votes until next
week, we now know McConnell broke his vow, making a promise he chose not
to keep.
In theory, that might seem problematic, and Senate Democrats are understandably furious. But as Politico reported overnight, the Republican majority has made clear that it just doesn’t care.
“Zero,” Senate Majority Whip John Cornyn (R-Texas) said when asked how much pressure his party is feeling to confirm [Lynch] to the Justice Department position.Why not? “Because there’s zero,” he reiterated.
Lynch was nominated 132 days ago. The first African-American
woman ever considered for this post has waited longer for a vote than
any A.G. nominee in history, and longer than the last five A.G. nominees
combined. Even her fiercest critics have struggled to raise
substantive objections to her qualifications, background, temperament,
or judgment.
But the GOP line is, Lynch will simply be ignored, indefinitely, unless Democrats vote for an unrelated bill with anti-abortion language in it.
To be sure, Congress has fallen on hard times since 2011, but
this is still an embarrassment to an institution that hardly needed yet
another fiasco.
What’s more, let’s not forget that the delay is likely to
continue. Next week, the Senate is likely to take up the Republican
budget plan, and a week from today, the Senate leaves for a two-week
break.
It seems entirely possible, if not likely, that Lynch won’t
even be considered until mid-April. It’s also possible that the GOP
majority may choose to permanently ignore Lynch, leaving Eric Holder in
office through January 2017.
Postscript: FiveThirtyEight’s Harry Enten argues
that Lynch is receiving “unusual” treatment, but not “unprecedented”
treatment since a couple of other cabinet-level nominees have faced
longer delays. That’s true, though among Attorney General nominees, Lynch is in a league of her own.
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