Republicans are mulling changing the Senate's rules to speed up consideration of President Trump
Donald John TrumpStates fight Trump rollback of Obama lightbulb rules Authorities investigating shooting near Trump resort in Florida Trump: 'China is dreaming' Biden, other Dems get elected MORE's nominees.
GOP senators want to cut down the amount of debate time needed to confirm hundreds of the president’s picks, arguing Democrats are using the Senate’s rulebook to stonewall and slow-walk nominees and the GOP agenda.
Republicans have been privately discussing the potential changes for months, but support for the move appears to be growing amid mounting frustration about the pace of nomination votes.
“It merely shortens what is currently an unreasonably long process,” said Sen. Richard Shelby
Richard Craig ShelbyOn The Money: New tariffs on China pose major risk for Trump | Senators sound alarm over looming budget battles | Ocasio-Cortez, Sanders team up against payday lenders Senate GOP grows frustrated with Trump chief of staff Senators sound alarm over looming budget, shutdown battles MORE (R-Ala.), the chairman of the Senate Rules Committee.
The panel held its first hearing of the year before the holidays to discuss the measure from GOP Sen. James Lankford
James Paul LankfordDems push to revive Congress' tech office US-China trade talks end without announcement of deal Warner: Campaigns should start reporting foreign contacts to FBI MORE (R-Okla.).
The freshman senator wants to limit the amount of debate time on nominations after they’ve already cleared a procedural hurdle and shown they have enough support to pass.
Under Lankford’s resolution, post-cloture debate for non-Cabinet nominees would shrink from 30 hours down to eight hours. For district court nominees — whose decisions can be overturned by federal circuit courts or the Supreme Court — debate would be limited to two hours.
Lankford argued that with nominees able to eat up days of Senate floor time, the chamber is increasingly having to choose between confirming a president’s nominees or passing legislation.
“We have learned as a body that we are either going to do nominees, or we are going to do legislation, but we can’t do both. ... The Senate cannot walk and chew gum at the same time,” he said.
The proposal would be similar to a provision from a 2013 resolution on limiting debate for most nominations, which passed the Senate by a 78-16 vote. Democrats controlled the chamber at the time.
That resolution, unlike Lankford’s which would apply to future sessions of the Senate, only governed the rules for the 113th Congress.
The committee canceled a markup over Lankford’s proposal due to the Senate’s schedule. A spokesperson for Shelby said it had not yet been rescheduled, but a spokesman for Lankford said they were hoping for a markup in January.
Republican senators and conservative outside groups have grown increasingly frustrated with what they view as Democratic stonewalling, as noncontroversial nominees have been forced to wait through days of floor debate.
As of Thursday, the Trump administration has had 300 nominations confirmed by the Senate, with an additional 177 currently working their way through the upper chamber's pipeline, according to a tracker by The Washington Post and the Partnership for Public Service.
That lags behind former President Obama who had 418 nominations confirmed by the Senate at the same time, while former President George W. Bush had 493 and former President Clinton had 471.
Trump’s nominations are also taking longer to clear the Senate. His picks take, on average, 72 days, to confirm, while Obama’s nominees waited 51 days, Bush’s 36 and Clinton’s for 38.
But the administration was also initially slower to fill vacancies, and still needs to nominate 249 of 624 “key” positions tracked by the Post and the Partnership for Public Service.
The Senate also returned roughly 100 nominations back to the White House after wrapping up its work for the year without confirming them. Senators agreed to hold over roughly 150 other nominations.
Democrats appeared lukewarm to Lankford’s proposal, noting that they live in a post-”nuclear” Senate and that Sen. Chuck Grassley
Charles (Chuck) Ernest GrassleyTrump Jr. subpoena spotlights GOP split over Russia probes On The Money: House chairman issues subpoenas for Trump's tax returns | Trump touts trade talks as China, US fail to reach deal | Five things to know about Trump's trade war with China | GOP offers support for Trump on tariffs GOP offers support for Trump on China tariffs MORE (R-Iowa) has signaled he will nix the “blue slip” for circuit court nominees if he thinks Democrats are abusing the protection.
Before 2013, senators could force any nomination to garner bipartisan support by making it overcome a 60-vote procedural hurdle
The “blue slip” is another Senate tradition determined by the Senate Judiciary Committee chairman that allows home-state senators to delay or nix a judicial nominee by not returning a blue sheet of paper.
“I just feel this is not the right moment to make these changes as the rule,” Sen. Amy Klobuchar
Amy Jean KlobucharMichael Bennet must find a way to stand out in the crowd Warren, Nadler introduce bill to allow student loan borrowers bankruptcy relief 2020 Dems: Trump doesn't deserve credit for the economy MORE (D-Minn.) said. “This change would only add to the partisan atmosphere.”
Sen. Tom Udall
Thomas (Tom) Stewart UdallOvernight Defense — Presented by Huntington Ingalls Industries — Pentagon approves transfer of .5B to border wall | Dems blast move | House Dem pushes Pelosi to sue over Trump's Yemen veto Pentagon approves transfer of .5B to Trump border wall from Afghan forces, other accounts Overnight Defense — Presented by Huntington Ingalls Industries — Trump hits Iran with new sanctions amid standoff | Joint Chiefs chair floats longer military presence in Afghanistan | North Korea defends rocket test MORE (D-N.M.), who has proposed his own rules changes, argued Lankford’s proposal “benefits only the majority.”
Democrats argue the Senate should take as much time as possible to vet Trump's nominees, some of whom they believe are unqualified. Multiple senators pointed to Louisiana GOP Sen. John Kennedy
John Neely KennedyMORE's questioning of a district court nominee, who later withdrew his nomination.
Debate over the Senate’s rules has become increasingly partisan in the wake of the decision to go "nuclear."
Senate Democrats, led by then-Majority Leader Harry Reid
Harry Mason ReidMitch McConnell is not invincible Seven big decisions facing Biden in 2020 primary Senate buzzsaw awaits 2020 progressive proposals MORE (D-Nev.), nixed the 60-vote filibuster for executive nominations and lower-court nominations in 2013, arguing Republicans were stonewalling Obama’s court picks.
Republicans, in turn, got rid of the 60-vote procedural hurdle for Supreme Court picks after Democrats rejected Trump’s Supreme Court pick, Neil Gorsuch.
Lankford’s proposal would not impact the 30 hours of debate for Cabinet nominees or limit debate time for Supreme Court or circuit court nominees.
Republicans also face a choice: change the rules on their own or try to win support from Democrats.
Sen. Lamar Alexander
Andrew (Lamar) Lamar AlexanderOvernight Health Care: Trump urges Congress to take action on surprise medical bills | New bipartisan drug pricing bill introduced | Trump gambles in push for drug import proposal Trump urges Congress to take action on surprise medical bills The Hill's Morning Report - Barr held in contempt after Trump invokes executive privilege, angering Dems MORE (R-Tenn.) offered support for Lankford’s proposal, noting it would force the Senate to go back to changing the rules through regular order.
“It would reinstate the process of changing our rules according to our rules,” he said. “Each party has demonstrated that we know how to do it the wrong way.”
Udall noted he would only support Lankford’s proposal if it is paired with “additional reforms” as part of “good faith” talks involving both parties.
Udall and Sen. Jeff Merkley
Jeffrey (Jeff) Alan MerkleyOvernight Energy: Dems challenge Trump UN nominee on climate change | Senators seek probe into head of EPA air office | UN report warns 1 million species threatened by extinction Senate Dems challenge Trump's UN nominee on climate change Overnight Health Care: House Dems introduce moderate Medicare expansion plan | CBO releases analysis on single payer | Sanders knocks Biden health care plan MORE (D-Ore.) have also been discussing a new rules change package they could share with their colleagues after the 2018 midterm elections.
It’s unclear if Republicans would have the votes to go nuclear and change the rules on their own.
Republicans will be losing a seat in January narrowing their grip on the Senate to a 51-49 majority.
GOP Sens. Susan Collins
Susan Margaret Collins'Saturday Night Live' ponders what it would take for Republicans to turn against Trump The Hill's Morning Report — Trump escalates trade war with China as talks continue Maxine Waters, Stacey Abrams among political stars in demand for graduation speeches MORE (Maine) and John McCain
John Sidney McCainMcCain and Dingell: Inspiring a stronger Congress Trump nominates Shanahan as Pentagon chief Bipartisan group of senators seeks to increase transparency of online political ads MORE (Ariz.) previously told The Hill that they wouldn’t support further rules changes. Collins, who has been in the middle of a health care fight, declined to comment before the holiday recess on Lankford’s proposal.
But if they voted "no," Republicans wouldn’t have the votes to unilaterally change the rules.
Sen. John Cornyn
John CornynTrump Jr. subpoena spotlights GOP split over Russia probes The Hill's Morning Report — Trump escalates trade war with China as talks continue Trump Jr. subpoena sparks internal GOP battle MORE (R-Texas) said earlier this year that Republicans should try to go through regular order, but if that fails, “then there are procedures that are available to change the Senate rules post-cloture.”