Last week, my piece on the Federal Election Commission noted that despite the fact that three of the six members of the commission were serving well beyond
“„Eighteen months later, with no confirmation vote in sight, Sullivan says he realized “it didn’t seem likely the impasse was going to be resolved, and a confirmation didn’t seem in the offing in the foreseeable future.”
“„Why hasn’t Obama done so? Traditionally, nominees to the FEC are presented as a pair, replacing one Democratic and one Republican commissioner whose terms have expired. The White House almost always defers to the other party’s Senate leader to select his party’s nominee. But, as Sullivan explains, there was little movement by Republican Minority Leader Mitch McConnell toward giving President Obama a name to replace Commissioner Donald McGahn. Rather than breaking with that tradition and risking a major fight with the Senate GOP, Obama has refrained from nominating replacements for either.
“„“The problem with cloture,” he says, “is not the vote but the amount of floor time it takes in the Senate.” Sullivan says “it is an incredible distraction to occupy the Senate with a nomination like mine with so many other pressing matters on the floor.” Even if cloture is invoked with approval of at least 60 senators, Senate rules provide for 30 more hours of floor debate — precious time, especially given a full Senate docket that included health care, financial services, the budget, and two Supreme Court confirmations.