Senate votes down ban on earmarks, 39-56

The Senate on Tuesday morning defeated a proposal from Sen. Tom CoburnThomas (Tom) Allen CoburnThe Hill's Morning Report — Presented by PhRMA — Worries grow about political violence as midterms approach President Trump’s war on federal waste American patients face too many hurdles in regard to health-care access 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: Green New Deal 'the most preposterous thing' and 'easy to beat' 2020 Dems avoid this year's AIPAC conference GOP eager to exploit Dem court-packing fight 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 DurbinSenate Dems petition Saudi king to release dissidents, US citizen GOP moves to rein in president's emergency powers Senate votes to confirm Neomi Rao to appeals court 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 CollinsSenate GOP poised to go 'nuclear' on Trump picks Overnight Health Care: CDC pushes for expanding HIV testing, treatment | Dem group launches ads attacking Trump on Medicare, Medicaid cuts | Hospitals, insurers spar over surprise bills | O'Rourke under pressure from left on Medicare for all Dem group launches ads attacking Trump's 'hypocrisy on Medicare and Medicaid cuts' MORE (Maine), James InhofeJames (Jim) Mountain InhofeThe Hill's Morning Report - Dems look to rebuild 'blue wall' Funding caps, border wall set stage for defense budget battle Trump's claims of defeating ISIS roil Congress MORE (Okla.), Dick Lugar (Ind.), Lisa MurkowskiLisa Ann MurkowskiRed dresses displayed around American Indian museum to memorialize missing, murdered native women Juan Williams: Don't rule out impeaching Trump The 25 Republicans who defied Trump on emergency declaration 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 McCaskillLobbying world Dem candidate has Hawley served subpoena at CPAC Annual scorecard ranks GOP environmental efforts far below Dems in 2018 MORE (Mo.) and Bill NelsonClarence (Bill) William NelsonEx-House Intel chair: Intel panel is wrong forum to investigate Trump's finances The Hill's Morning Report - Trump budget reignites border security fight 2020 party politics in Puerto Rico 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 BennetMichael Bennet 'encouraged' in possible presidential bid: report Senators ask CBO to review options for preventing surprise medical bills Court-packing becomes new litmus test on left MORE (D) and Mark UdallMark Emery UdallDenver Post editorial board says Gardner endorsement was 'mistake' Gardner gets latest Democratic challenge from former state senator Setting the record straight about No Labels MORE (D).

Jordan Fabian contributed.

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