Sen. Ben CardinBen CardinThe truth is the latest casualty of today’s brand of politics Senate braces for fallout over Supreme Court fight Democrats step up calls that Russian hack was act of war MORE (D-Md.) objected to Hatch’s request to unanimously pass S.J.Res. 50, saying the administration’s rule simply provides states flexibility, something Republicans normally applaud.

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In July, the administration decided that Health and Human Services Secretary Kathleen SebeliusKathleen SebeliusSebelius on GOP healthcare plan: 'I'm not sure what the goal is here' Obama's health secretary to be first female president of American University Leaked email: Podesta pushed Tom Steyer for Obama’s Cabinet MORE could waive some welfare work requirements if the states prove they need the flexibility to improve the program. Republican lawmakers have said that is something only Congress can do.

Cardin said he thinks Republicans are using this as a political issue to help their presidential candidate, Mitt Romney. 

“I’m disappointed at the partisan nature of this discussion and I say that because I think we’ve all see the ads put out by Mitt Romney on this TANF waiver,” Cardin said.

Hatch said Romney was not asking him to bring up the issue, but that Romney simply agrees with his position on the matter. Hatch also said if states wanted more flexibility they should ask Congress to change the law.

“It’s the responsibility of the Congress to give the states the flexibility on that, not the president,” Hatch said. “The purpose is to stand up for the rights of the Congress that are being ignored here.”