Senate votes down ban on earmarks, 39-56

The Senate on Tuesday morning defeated a proposal from Sen. Tom CoburnThomas (Tom) Allen CoburnThe real disease: Price transparency key to saving Medicare and lowering the debt Mr. President, let markets help save Medicare Pension insolvency crisis only grows as Congress sits on its hands MORE (R-Okla.) to ban congressional earmarks.

In a 39-56 vote, members defeated a temporary ban on the appropriations procedure. The moratorium was offered as an amendment to a food-safety bill that is scheduled for a final vote Tuesday morning.

Senate Republicans have already passed a voluntary ban on earmarks in their caucus, but several GOP senators have objected to it. Democrats have so far declined to ban earmarks from their members.

The legislation would have established an earmark moratorium for fiscal years 2012 and 2013, and also would have covered the fiscal year that began on Oct. 1. Congress has yet to pass an appropriations bill for the current fiscal year, and in the lame-duck session lawmakers are likely to approve either an omnibus spending bill or a continuing resolution to keep the government operating.

In speeches on Monday, Coburn said the ban was the only way to rein in out-of-control spending. He did not speak on Tuesday morning, but Minority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellTrump stays out of Arizona's ugly and costly GOP fight Sen. Warner to introduce amendment limiting Trump’s ability to revoke security clearances The Hill's 12:30 Report MORE (R-Ky.), who supports the ban, alluded to the issue in remarks about the current debate over tax cuts.

"Republicans have heard the voters loud and clear," McConnell said. "They want us to focus on preventing a tax hike on every taxpayer, on reining in Washington spending and on making it easier for employers to start hiring again."

But Democrats repeated the argument they laid out in floor speeches on Monday, asserting that the earmark process has already been made transparent.

"We have put in place the most dramatic reform of this appropriations process since I've served in Congress," said Majority Whip and Appropriations Committee member Dick DurbinRichard (Dick) Joseph DurbinDems to challenge Kavanaugh for White House records 2020 hopefuls skeptical of criminal justice deal with Trump Sentencing reform deal heats up, pitting Trump against reliable allies MORE (D-Ill.). "There is full disclosure in my office of every single request for an appropriation. We then ask those who have made the requests to have a full disclaimer of their involvement in the appropriation, so it's there for the public record. This kind of transparency is virtually unprecedented."

Like other Democrats and some Republicans, Durbin said he would not abdicate any earmarking authority.

"I believe I have an important responsibility to the state of Illinois and the people I represent to direct federal dollars into projects critically important for our state and our future," Durbin said.

Eight GOP senators voted to preserve earmark spending, including Thad Cochran (Miss.), Susan CollinsSusan Margaret CollinsWhite House weighs clawing back State, foreign aid funding The Hill's Morning Report: Dems have a majority in the Senate (this week) Overnight Defense: Pompeo creates 'action group' for Iran policy | Trump escalates intel feud | Report pegs military parade cost at M MORE (Maine), James InhofeJames (Jim) Mountain InhofePence announces first steps in establishing 'Space Force' EPA chief: Obama car rule rollback would save consumers 0B EPA’s Wheeler gets warmer welcome at Senate hearing MORE (Okla.), Dick Lugar (Ind.), Lisa MurkowskiLisa Ann MurkowskiThe Hill's Morning Report: Dems have a majority in the Senate (this week) Senate gets to work in August — but many don’t show up Trump nominee won't say if he supports funding agency he was selected to run MORE (Alaska) and Richard Shelby (Ala.). Retiring Sen. George Voinovich (Ohio) and defeated Sen. Bob Bennett (Utah) also voted against it.

Two Democrats facing potentially tough reelection battles in 2012 also voted for the earmark moratorium: Sens. Claire McCaskillClaire Conner McCaskillThe Hill's Morning Report: Dems have a majority in the Senate (this week) Schumer to meet with Kavanaugh on Tuesday GOP leader criticizes Republican senators for not showing up to work MORE (Mo.) and Bill NelsonClarence (Bill) William NelsonDem campaign chairman expresses confidence over path to Senate majority The Hill's Morning Report: Dems have a majority in the Senate (this week) Dems urge tech companies to remove 3D-gun blueprints MORE (Fla.)

Retiring Sen. Evan Bayh (D-Ind.) and defeated Sen. Russ Feingold (D-Wis.) also voted for the earmark ban, as did Colorado Sens. Michael BennetMichael Farrand BennetNFL players stand in tunnel during anthem, extending protests When it comes to drone tech, wildfire officials need the rights tools for the job NFL player wears 'Immigrants made America great' hat mocking Trump MORE (D) and Mark UdallMark Emery UdallRecord number of LGBT candidates running for governor Senate GOP rejects Trump’s call to go big on gun legislation Democratic primary could upend bid for Colorado seat MORE (D).

Jordan Fabian contributed.

—This story was last updated at 12:02 p.m.