Alabama Senator Tommy Tuberville is undertaking an unprecedented effort to change Pentagon abortion policy by delaying hundreds of military nominations and promotions, forcing less experienced officials into key positions, and raising worries about military readiness at the Pentagon.
Senators from both parties, including Republican Leader Mitch McConnell, have resisted Tuberville’s blockade, but Tuberville remains steadfast. He has stated that he will not relinquish the holds unless the majority of Democrats allow a vote on the issue.
The conflict is currently at a standstill. Democrats argue that voting on every nominee might clog the Senate floor for months. And they don’t want to cave into Tuberville’s demands and promote future nomination blockades.
According to Senate Majority Leader Chuck Schumer, delaying the promotion of military leaders, the majority of whom have dedicated their lives to protecting the country, is “one of the most abominable and outrageous things I have ever seen in this chamber,” as evidenced by the fact that “no one has ever had the temerity, the gall to do this before.” Here’s all you need to know about the conflict over Pentagon policy.
The big game in Tuberville
Approving military nominations and promotions has traditionally been one of the Senate’s most bipartisan responsibilities. However, the Alabama Republican shattered that standard with his blanket hold, which the Pentagon claims has already halted more than 260 senior officer nominations and could rise to 650 by the end of the year.
Tuberville, a former collegiate football coach who has been close to former President Donald Trump since his election in 2020, shows no signs of relenting.
Democrats have frequently attempted to summon the nominations to the Senate floor. But Tuberville has always objected.
Tuberville has stated that he will not release the holds until the Pentagon policy is voted on. However, he has not introduced legislation to repeal it and maintains that debate on amendments to change the policy is ineffective.
Instead, he has recommended a very specific, unconventional strategy: Democrats should introduce and vote on their own measure on the topic.
Democratic leaders like Schumer, who favor the current approach, say it’s up to the Republicans.
“The onus is on Republican senators to prevail on Senator Tuberville and get him to back off his reckless pursuit,” Schumer said this week.
The impact of one
In the Senate, one senator can stall nominees or legislation even if the other 99 support it.
Generally, majority party leaders get around this by convening a series of votes to move legislation and avoid the hold. It just takes a little more time on the Senate floor.
Tuberville’s blockade, on the other hand, is unique in that there are hundreds of military nominations and promotions, and Democratic leaders would have to hold roll call votes on each and every one of them to get through the blockade. The Senate has a historical tradition of grouping military promotions together and approving them by voice vote to avoid lengthy roll calls.
As a result, Tuberville has put the Senate in a bind. Sen. Jack Reed, D-RI, chairman of the Senate Armed Services Committee, said last week that voting on the more than 260 military nominations would take 27 days if the Senate worked “around the clock” or 84 days if the Senate worked eight hours a day.
What does this mean for Pentagon?
In addition to hundreds of one-, two-, and three-star generals and admirals, the holds postpone the confirmation of the Pentagon’s senior commanders, including the chairman of the Joint Chiefs of Staff.
For the first time in a century, the United States Marine Corps is operating without a confirmed commander. And, by law, the present Chairman of the Joint Chiefs of Staff, Army Gen. Mark Milley, will stand down at the end of September, while the current Army Chief will leave in early August. The nominees for their successors have had hearings but no votes.
The Pentagon and politicians who oppose Tuberville’s actions argue that the holds have a negative impact on military readiness by preventing scores of officers from transitioning to new posts as nominees or staff members. They claim that inexperienced leaders are being pressed to take over.
Tuberville expressed his support for the acting commandant of the United States Marine Corps, Gen. Eric Smith, Tuberville says he believes the holds will have “minimal effect” on his ability to lead in an acting capacity.
“There may be a delay in his planning guidance, and yet he cannot move into the commandant’s residence, but there is little doubt about General Smith’s ability to lead effectively,” Tuberville said.
The prohibition policy
Following the Supreme Court’s decision to remove the countrywide right to abortion, Defense Secretary Lloyd Austin published a new policy last October stating that all personnel will have access to reproductive health care.
Austin stated in a memo that service members and their families were concerned that they would not have equal access to health care, including abortions. And, as more states enacted abortion restrictions, he observed that service members, who frequently move for various missions or training, would be forced to travel further, take more time off work, and spend more to receive reproductive health care.
Austin stated that the problem would cause extreme hardship and would “interfere with our ability to recruit, retain, and maintain the readiness of a highly qualified force.”
He directed the department to let troops and dependents to take time off and use official travel to go to other states for reproductive care that is not available locally, in accordance with federal law. This therapy involves in vitro fertilization and other pregnancy aids, which may not be available nearby.
Abortions are not covered by the policy. Under federal law, Defense Department institutions can conduct abortions only when the mother’s life is in danger or in situations of rape or incest, which have been exceptionally rare. Between 2016 and 2021, 91 abortions were performed at military medical institutions, according to the department.
Pushback from both parties
The confirmation standoff sparked heated exchanges last week during Senate Armed Services Committee hearings. A parade of lawmakers also took to the Senate floor to complain.
Sen. Tim Kaine cautioned this week during a hearing for Air Force Gen. CQ Brown Jr., Biden’s choice to replace Milley as Chairman of the Joint Chiefs of Staff, that service people may opt to quit the military if their careers are hampered.
“I would urge all of my colleagues to turn away from the path that we’re on where we are disrespecting and punishing people because we’re unhappy with policies in the military that these individuals had nothing to do with,” said Kaine, D-Va.
Tuberville has experienced hostility from both sides of the aisle.
McConnell stated his opposition to Tuberville’s blockage in May. Several Republican senators expressed hope this week that they could persuade the senator to release the holds.
“I think we’re all concerned — we want these key positions filled,” said South Dakota Sen. John Thune, the Senate’s No. 2 Republican.
On Friday, Republicans in the House enacted a broad defense measure that will repeal the new abortion ban. However, Tuberville has stated that this is insufficient to persuade him to release the restraints.
So, what’s next?
Austin contacted Tuberville on Friday to discuss the holds, just after President Joe Biden told reporters that Tuberville is endangering national security and is “totally irresponsible.”
Tuberville, through a spokeswoman, stated that he was “grateful” for the call and that he would discuss the situation with Austin again next week.
It’s unclear whether they’ll be able to reach an agreement. Tuberville has stated repeatedly that he will maintain his hold until a vote is held.
“We need a vote on this policy on the floor,” he said Wednesday. “I don’t know whether it would pass. It may. I don’t care. I just want the American people to have a say-so in this, not the Pentagon.”