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Fearing Racism Charges, Senate Republicans Cave on Lynch
National Review ^ | 4/23/15 | Joel Gehrke

Posted on 04/23/2015 3:29:43 PM PDT by markomalley

When Senate Majority Leader Mitch McConnell (R., Ky.) postponed the vote to confirm Loretta Lynch as attorney general in order to break the filibuster of a human trafficking bill, Sen. Dick Durbin (D., Ill.) punished him by suggesting that the delay was motivated by racism.

“Loretta Lynch, the first African-American woman nominated to be attorney general, is asked to sit in the back of the bus when it comes to the Senate calendar,” Durbin said on the Senate floor in March. McConnell didn’t flinch during the human trafficking fight, which Republicans ultimately won, but such accusations stung.

In public, Republican senators and aides say that GOP support for Lynch’s confirmation reflects the belief that the Senate has a duty to confirm a president’s cabinet nominees if they have the requisite qualifications. In private, they admit that charges of racism such as the one leveled by Durbin discouraged them from blocking her nomination entirely. As a result, Obama paid no political price for issuing executive orders on immigration that he himself had previously admitted were unconstitutional.

“It appears to be all upside for him personally and for what he wants to accomplish,” Senator Mike Lee (R., Utah) tells National Review while discussing the orders. “There is significant downside to the American people and to our legal system and to our constitutional order.”

To discourage Obama, or future presidents, from issuing such sweeping executive orders, some senators wanted Senate Majority Leader Mitch McConnell (R., Ky.) to refuse to allow a vote on the floor. That proposal failed due to fear of the political backlash that Democrats would instigate by accusing Republicans of having racist motives.

“People are very nervous about Republicans not being willing to have a vote on the first black woman attorney general,” according to one GOP senator who spoke on condition of anonymity.

Republicans agree that Lynch is qualified for the job — “probably the most qualified nominee that’s come out of this White House,” concedes Senator Richard Burr (R., N.C.), who voted against her confirmation.

Nevertheless, Lynch’s exchanges with Lee (R., Utah) and Ted Cruz (R., Texas) during her confirmation hearings in January put her nomination in peril. Lynch refused to identify any hypothetical limit to Obama’s power to claim that the doctrine of prosecutorial discretion allowed him to stop enforcing certain laws; at one point, she declined to say if a future Republican president could unilaterally lower taxes by refusing to collect revenue beyond a certain tax rate.

“Senator, before I could render a legal opinion on the hypothetical as presented to me, I would want to know the entire scope of the action but also have the time to gather all of the legal precedent, the cases, congressional actions,” Lynch told Cruz.

Lee believes it should be an easy call. “In this particular position, we need to have someone who is willing to acknowledge some kind of limit to the power of the president to basically rewrite federal law,” he says.

The frustration with Lynch built in several wings of the conference. Multiple GOP sources pointed to Senator John McCain as a leading opponent of her nomination, an unexpected development given his support for the “Gang of Eight” immigration bill that conservative activists opposed in the last Congress.

The Arizona Republican had what he concedes was a “passionate” debate with Senator Orrin Hatch (R., Utah) during a conference lunch last month. Hatch — who “is very pro-deference” when it comes to the question of confirming a presidential nominee, according to a GOP Senate aide familiar with his thinking — argued that Republicans should defer to Obama because Lynch has a strong resume. When McCain emphasized repeatedly that Lynch had refused to identify a constitutional limit on the president’s authority, Senator Jeff Flake (R., Ariz.) shifted the focus away from Hatch by saying that he would also vote for Lynch.

“I’ve felt very strongly, as you know, that if she was going to support what the president was doing unconstitutionally, then I couldn’t vote for her,” says McCain. “It’s my state that’s [got] a border with Mexico, it’s my state that has these thousands of children who show up, it’s my state that has ranchers who have people go across their borders, and I have been heavily committed to immigration reform.”

When McConnell delayed Lynch’s confirmation vote until the resolution of the human trafficking debate, Republicans got a taste of the racism charges they’d hoped to avoid. Activists targeted the majority leader, in particular, for protests outside his office and over the phone.

“The perception is that her race and sex have an impact,” Representative Sheila Jackson Lee (D., Texas) told Roll Call. “Would anyone else be treated with a five-week delay, blaming it on a dispute of legislators over legislation?”

In the end, according to one GOP senate aide, Lynch’s “race and sex” did “have an impact” on her nomination, which was confirmed when ten Republicans voted with the chamber’s 44 Democrats and two independents in her favor.

“If she were white, I think it would have been more difficult to find the five votes needed to be confirmed,” the aide says.


TOPICS: Government
KEYWORDS: 114th; bhodoj
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1 posted on 04/23/2015 3:29:43 PM PDT by markomalley
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To: markomalley
Fairies.

What good are they?

2 posted on 04/23/2015 3:31:59 PM PDT by skeeter
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To: markomalley

Fearing everything, Republicans cave on everything.


3 posted on 04/23/2015 3:33:04 PM PDT by detective
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To: markomalley
Sen. Dick Durbin (D., Ill.) punished him by suggesting that the delay was motivated by racism.

It's only a punishment if you admit the guilt; otherwise, it is a scurrilous attack, and attacks are to be repelled, not accepted.

4 posted on 04/23/2015 3:33:43 PM PDT by chajin ("There is no other name under heaven given among people by which we must be saved." Acts 4:12)
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To: markomalley

If not Lynch,who then. This was a wate of time; another Dem hack.


5 posted on 04/23/2015 3:34:28 PM PDT by Dr. Ursus
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To: markomalley

I do not believe for a moment that they feared racism charges. Instead, they secretly or not so secretly applaud her stands. Their vote reveals their true positions.


6 posted on 04/23/2015 3:34:36 PM PDT by apocalypto
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To: markomalley

Fearing racism charges? What is this nonsense?

They already charged you with racism, so what more is there to fear? They charge us with racism constantly, every day, for any reason. Why should anyone cave to such a charge when they know they will face the same charge tomorrow, and the day after, no matter what they do?

Spineless, idiot cowards.


7 posted on 04/23/2015 3:35:20 PM PDT by Boogieman
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To: markomalley
It is precisely this kind of Quislingism that led me to cut my ties to the Republican Party.

Proud to be a registered Conservative!

"I am an American fighting man. I serve in the forces which guard my country and our way of life.
I am prepared to give my life in their defense."

8 posted on 04/23/2015 3:35:22 PM PDT by ConorMacNessa (HM/2 USN, 3/5 Marines RVN 1969 - St. Michael the Archangel, defend us in Battle!)
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To: markomalley

The Republicans just murdered their chances of taking the White House in 2016.


9 posted on 04/23/2015 3:36:07 PM PDT by CivilWarBrewing
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To: CivilWarBrewing

Which 10 “republicans” voted for her?


10 posted on 04/23/2015 3:38:23 PM PDT by dandiegirl (BO)
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To: CivilWarBrewing

Which 10 “republicans” voted for her?


11 posted on 04/23/2015 3:38:23 PM PDT by dandiegirl (BO)
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To: markomalley
What, those couldn't repeat that lynch said the her President is above the Constitution and Congress?! Use the truth against her? Oh noes, they'll play the racist card, we can't take that! AAAAAAGH!
12 posted on 04/23/2015 3:41:20 PM PDT by W. (3 Disqus sites, Cheezburger.com and [The Internet] Archive.org all censor conservative comment.)
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To: markomalley
Boy do I feel like a dumbass! I remember being told that if I didn't vote for the Bohner & McConnell Republicans that I was for letting Obama roll on his agenda without opposition! I see that I was wrong not to go along with the GOPe. No wait they've actually have acted as predicted.
13 posted on 04/23/2015 3:41:45 PM PDT by bonehead4freedom
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To: markomalley

I have come to the inevitable conclusion that there are far worse things in the world than racism.


14 posted on 04/23/2015 3:42:19 PM PDT by equaviator
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To: equaviator

Repubs disappoint again. NEVER vote for a repub...never give them money...never give them your time.


15 posted on 04/23/2015 3:44:58 PM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: markomalley

She’s a black Harvard Law grad.

That’s a resume good enough to be President....

/s


16 posted on 04/23/2015 3:47:08 PM PDT by nascarnation (Impeach, convict, deport)
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To: markomalley

It has to be racism...what else could it be?


17 posted on 04/23/2015 3:47:40 PM PDT by broken_arrow1 (I regret that I have but one life to give for my country - Nathan Hale "Patriot")
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To: markomalley

A bunch of gonad free shitheads. We have no real representation in the Senate or the House.


18 posted on 04/23/2015 3:48:31 PM PDT by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: markomalley
Ain't he doin' a great job, folks?


19 posted on 04/23/2015 3:50:42 PM PDT by COBOL2Java (I'll vote for Jeb when Terri Schiavo endorses him.)
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To: markomalley

Republicans need to to get a spine if they’re ever going to do what’s best for America.


20 posted on 04/23/2015 3:58:08 PM PDT by AlaskaErik (I served and protected my country for 31 years. Progressives spent that time trying to destroy it.)
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