We can’t directly blame Alabama Senator Richard Shelby, he’s simply playing a game whose rules have evolved to allow this kind of absurd behavior.
Sen. Richard Shelby, R-Tuscaloosa, is blocking Senate action on executive branch nominations, a spokeswoman for Senate Majority Leader Harry Reid, D-Nev., said this afternoon in an e-mail.
In response to a question from the Press-Register, Reid spokeswoman Regan Lachapelle confirmed that Shelby has placed a “blanket hold” on most pending nominations.
By placing a hold, a single senator can stop the Senate from voting on a particular nomination, often as a way of gaining leverage on an unrelated issue. It is not clear when Shelby placed the hold or how many nominees are affected. While individual holds are not unusual, Gary Jacobson, a congressional expert at the University of California at San Diego, said he knew of no previous use of a blanket hold.
The hold means that this one individual, Richard Shelby from Alabama, can prevent both the Executive and Legislative branches of the U.S. Government from dealing with the simple constitutional matter of presidential appointments. The hold is essentially a filibuster* applied to all of Obama’s nominations, and it will take a 60-vote super-majority to remove it.
*David Waldman at the Daily Kos has a full explanation of the “hold” maneuver.
James Joyner writes more about this for Outside the Beltway, and is a bit sympathetic to Shelby’s position:
Is the use of a blanket hold a sleazy way to get the job done? Yup. But I’m not sure what other leverage Shelby has. The state is represented by two Republican Senators, neither of whom are named Olympia Snowe. With a Democratic president and 59 Democratic Senators, he has to use every trick in the book to fight for his state.
At PoliBlog, Stephen Taylor considers the matter of “holds” carefully, and reaches this conclusion:
Having said all that, the usage of holds, let alone a blanket hold of dozens of appointees, strikes me as both indefensible and an example of the need for serious structural reform to the Senate. Yes, the Senate has the constitutional power to advise the President on appointees and it has to consent to those appointments. However, there is no constitutional reason why an individual Senator ought to have the power to block nominations. Indeed, the sources of this power are a combination of Senate norms and the filibuster rule—the notion that Senators have any number of personal privileges because of their Senator-ness (so to speak) and the fact that theoretically a single Senator can filibuster the nomination, so why not just assume that the hold is a filibuster?
Taylor is right. The entire affair is another example of why the U.S. Senate needs to completely overhaul its procedures.
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