http://tpmdc.talkingpointsmemo.com/2009/04/will-the-republicans-filibuster-dawn-johnsen.phpWill the Republicans Filibuster Dawn Johnsen?
By Brian Beutler - April 2, 2009, 6:48PM
On Tuesday, the New York Times reported that Republicans are weighing the possibility of using their much-beloved filibuster to block Obama judicial and DOJ appointees.
The current Republican focus is on a pair of nominees: Mr. Obama's first selection for a federal appeals court seat, David F. Hamilton, and his choice to head the Office of Legal Counsel at the Justice Department, Dawn Johnsen. (By coincidence, the two are in-laws.)
But will they actually prevent an up or down vote? Democrats say early signs are troubling.
The Judiciary committee convened to consider Hamilton's nomination on Tuesday and Republicans weren't happy. In fact, most of them decided to boycott the hearing out of protest.
And as for Johnsen? Aides on the Judiciary committee suggested to me that there are two troubling signs. First: The inability of Harry Reid and Mitch McConnell to reach an agreement on a time for a floor debate and vote on Johnsen's nomination (Reid spokeswoman Regan LaChapelle emailed to say "we are working to get an agreement to consider the nomination, and we hope to do so as soon as possible.") And second: Sen. Arlen Specter has said he'd withhold judgment on Johnsen's nomination until he meets with her personally (I've placed a call to Specter's staff to see where things stand).
Of course, the very threat of a filibuster gives Democrats a reason to raise concerns, which could very well be for nothing. Clearly, though, Republicans are taking unusual exception to these two figures, and so we'll be following their progress in the coming days and weeks.
It's not all that common for the minority to filibuster an executive branch appointee. One high-profile example came in 2005 when the Democrats blocked George Bush's appointment of John Bolton to be the White House's ambassador to the United Nations. They refused to confirm him until the White House released classified information about Bolton's conduct as Undersecretary of State for Arms Control and the Republicans were ultimately unable to achieve cloture on his nomination. But Bush ultimately circumvented the entire advise and consent process by installing Bolton at the U.N. during a congressional recess.