The Awesome Power That Lets One Senator Derail U.S. Diplomacy
Governments around the world are asking what kind of Senate rules allow a single member to block dozens of ambassadorial nominees.
By LOUIS SAVOIA | NOVEMBER 7, 2021
Almost half of American ambassadorships have been vacant for months — a first in the modern world that has stunned both career diplomats and foreign governments. All it took was one U.S. senator’s unprecedented abuse of the confirmation process. Actually, two senators can claim credit in this case, but it only takes one to grind the process to a halt. Officials in countries around the world — and many Americans — are asking what kind of Senate rules grant a single member such awesome power.
It turns out that a Senate practice, rather than a rule, has helped Sen. Ted Cruz, Texas Republican, and Sen. Josh Hawley, Missouri Republican, to ensure that, more than nine months into President Biden’s term, ambassadors to only six countries have been confirmed — another first at the same point in a new administration in recent memory. Government officials and foreign policy experts have expressed alarm that these delays, which have nothing to do with the actual nominations, jeopardize U.S. national security and greatly hinder the country’s ability to conduct effective diplomacy.
For many years, the Senate has confirmed uncontroversial nominees in groups with unanimous consent, which saves valuable floor time compared to a debate and vote on every single nomination. One senator’s objection, however, blocks that shortcut and necessitates the more time-consuming procedure. “A hold can prevent the Senate from moving forward with business through unanimous consent,” said Jordan Tama, associate professor in the School of International Service at American University in Washington, D.C. “If nobody objects, the Senate can act very quickly” with a simple voice vote.
Although a hold doesn’t technically end a nominee’s chances of confirmation, it decreases their odds considerably. “The practical effect of these holds is that the nominations are blocked until the holds are lifted or until the Senate leadership decides to go forward with consideration through normal procedures, which take a lot more time,” Tama said. “Since floor time in the Senate is at a premium, given that there’s a lot of other business that has to be taken care of, it’s not easy for the Senate to dedicate the amount of time needed to take up a lot of nominations through its regular procedures.”
Holds on some nominations are not unusual when senators voice concerns about a particular nominee’s past or opinions on issues key to the position to which they are nominated. But Cruz’s and Hawley’s holds have been unusually broad. Cruz has blocked all State Department nominees to show displeasure with the Biden administration for waiving congressional sanctions on German companies involved in Nord Stream 2, a Russian natural gas pipeline. “My holds are in place to pressure the administration to follow the law,” Cruz said last month. Administration officials said the presidential waiver is entirely legal. Hawley vowed to block all national security nominees in various departments until Secretary of State Antony Blinken and Defense Secretary Lloyd Austin resign because of the chaotic withdrawal from Afghanistan in August.
Cruz’s “behavior is clearly worse than what we’ve seen in the past,” Tama said. “What’s different here is that Cruz and Hawley are attempting to hold up nominees for a wide array of positions based on a particular objection that they are presenting, even though the issue that they are raising concern about may have nothing to do with the responsibilities that official would have [when in office]. One could imagine a scenario where one might place a hold on an official who is directly involved in that policy area,” but placing a hold on officials throughout the whole government is unprecedented. “We haven’t had that experience in the past,” Tama added.