GOP faces tough decision on Lynch vote

GOP faces tough decision on Lynch vote

Senate Republicans face a tough vote on Attorney General nominee Loretta Lynch’s confirmation, which has fast become a litmus test on President Obama’s executive actions on immigration.

Oppose Lynch, and they’ll be ignoring a sparkling performance at a Senate hearing last month that won good reviews from members of both parties, who agreed she was qualified to lead the Department of Justice.

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The “no” votes will also feed into Democratic arguments that the GOP is needlessly blocking confirmation of the first black woman to be attorney general, something that will be used against the Republican Party in 2016, when it seeks to defend 24 Senate seats.

If confirmed, Lynch would replace Eric HolderEric H. HolderOvernight Tech: Senate moving to kill FCC's internet privacy rules | Bill Gates pushes for foreign aid | Verizon, AT&T pull Google ads | Q&A with IBM's VP for cyber threat intel Uber leadership sticking by CEO Top Dems prep for future while out of the spotlight MORE, the attorney general despised by most Republicans.

The problem is immigration and Lynch’s comments that Obama’s executive actions shielding millions from deportation were probably legal.

That’s raised the ire of two presumptive GOP presidential candidates, Sens. Ted CruzTed CruzConservatism's worst enemy? The Freedom Caucus. Republicans giving Univision the cold shoulder: report How 'Big Pharma' stifles pharmaceutical innovation MORE (Texas) and Rand PaulRand PaulThe Hill's 12:30 Report This week: GOP picks up the pieces after healthcare defeat Trump, GOP fumble chance to govern MORE (Ky.), who are both loudly opposing her nomination — something that could make it difficult for many Republicans to back her.

On Tuesday, several centrist Republicans sought to deflect questions about their votes.

“I’m waiting until they’re done in the committee to decide on that,” said Sen. Roy BluntRoy BluntTop Dems prep for future while out of the spotlight Overnight Healthcare: Pressure mounts for changes to GOP ObamaCare bill Pressure mounts for changes to ObamaCare bill MORE (R-Mo.), who turned his back and walked away from a follow-up question on Lynch and immigration.

“I’m in the process of making that consideration,” said Sen. Johnny IsaksonJohnny IsaksonOvernight Finance: Senators spar over Wall Street at SEC pick's hearing | New CBO score for ObamaCare bill | Agency signs off on Trump DC hotel lease GOP senators offer bill to require spending cuts with debt-limit hikes Schumer to House GOP: 'Turn back before it's too late' MORE. The Georgia Republican then interrupted a follow-up question to repeat what he had just said, adding only, “that’s all I can tell you right now.”

“I have no comment on that,” Sen. Dan CoatsDan CoatsMcCain says he hasn't met with Trump since inauguration Oversight committee asks White House, FBI for Flynn records Live coverage: FBI director testifies to Congress MORE (R-Ind.) said in response to a question about Lynch’s defense of Obama’s executive actions.

All three Republicans are up for reelection in 2016.

Sen. Lindsey GrahamLindsey GrahamRepublicans giving Univision the cold shoulder: report Graham: 'I'm glad' Ivanka will be working in the White House Trump tweets promotion for Fox News show MORE (R-S.C.), who is mulling a long-shot presidential bid himself, compared those using Lynch’s nomination as a proxy battle over immigration to famed former Sen. Joseph McCarthy (R-Wis.).

“Joe McCarthy said, if you don’t agree with me that that guy is a communist, then you’re a communist,” Graham said. “I don’t buy that kind of logic. I don’t support the executive order. This logic that they’re espousing basically goes like this: We’re not going to get a new attorney general until they agree with me that President Obama’s executive orders violate the law. We’re never going to get a nominee from this president that says that, so this is all about political posturing.”

Few Republicans are publicly echoing Graham.

Sen. Mark KirkMark KirkObamaCare repeal bill would defund Planned Parenthood Leaked ObamaCare bill would defund Planned Parenthood GOP senator won't vote to defund Planned Parenthood MORE (R-Ill.), a centrist Republican seeking reelection in deep-blue Illinois, said he’s a “lean no” on Lynch’s nomination.

“Generally I would think because Obama insists so heavily on very political attorney generals, that the nominees will tend to reflect his hard-left policies and do anything regardless of the law,” Kirk said.

Sen. John McCainJohn McCainCheney: Russian election interference could be ‘act of war’ Grassley wants details on firm tied to controversial Trump dossier Republicans giving Univision the cold shoulder: report MORE (R-Ariz.), a close friend of Graham’s who could face a primary challenger in 2016, voiced criticism of Lynch and wouldn’t say how he’ll vote.

“I’m very concerned about her support for the president’s executive orders on immigration,” he told The Hill. “I’m adamantly opposed to the president’s actions, which were unconstitutional, and apparently she’s endorsed [the executive actions].”

With all 46 senators caucusing with Democrats expected to support Lynch, only four Republicans would have to back her to win confirmation. (Vice President Biden would break the tie.)

Senate GOP Leader Mitch McConnellMitch McConnellDems delay Senate panel vote on Supreme Court nominee This week: GOP picks up the pieces after healthcare defeat The Memo: Winners and losers from the battle over healthcare MORE (R-Ky.), however, will want to avoid a confirmation vote that would put a handful of his members on the spot — and make them targets in primary elections.

The best scenario for the GOP, if Lynch is to be confirmed, would be for a large number of Republicans to back her.

It’s just not clear where those votes will come from.

“I’m against the executive actions, but I haven’t had a chance to review her nomination yet,” said Sen. Rob PortmanRob PortmanOvernight Finance: Senators spar over Wall Street at SEC pick's hearing | New CBO score for ObamaCare bill | Agency signs off on Trump DC hotel lease GOP senators offer bill to require spending cuts with debt-limit hikes Vulnerable Senate Dem: Border tax concerning for agriculture MORE (R-Ohio), another top Democratic target in 2016.

Sen. Jerry MoranJerry MoranGOP lawmakers lead way in holding town halls Yahoo reveals new details about security A guide to the committees: Senate MORE (R-Kan.), who also faces voters in 2016, said he hasn’t made up his mind yet but that he’s “certainly interested” in getting to the bottom of Lynch’s defense of Obama’s executive actions.

“I haven’t had a chance to review the transcripts of her hearing ... so we’re not prepared to make an announcement,” said Sen. Marco RubioMarco RubioRepublicans giving Univision the cold shoulder: report Week ahead: Senate panel to vote on Trump's Labor pick Senators introduce new Iran sanctions MORE (Fla.), another Republican mulling a presidential bid.

The Senate Judiciary Committee is scheduled to meet on Lynch’s nomination Thursday. The panel could vote to approve her nomination, but it is expected to punt the decision past the recess.

Sen. Orrin HatchOrrin HatchOvernight Finance: US preps cases linking North Korea to Fed heist | GOP chair says Dodd-Frank a 2017 priority | Chamber pushes lawmakers on Trump's trade pick | Labor nominee faces Senate US Chamber urges quick vote on USTR nominee Lighthizer Live coverage: Day three of Supreme Court nominee hearing MORE (R-Utah), the second-ranking Republican on the Senate Judiciary Committee, praised Lynch at length, denouncing his colleagues trying to play politics over the vote.

“If it was a Republican president, maybe a Republican president wouldn’t have appointed her, but this is a Democrat president who has, and I don’t see any reason to disqualify her or to play with her nomination,” Hatch said.