Sen. Ted Cruz (R-Tex.) issued a political call to arms for conservatives, saying that outgoing senators should not vote on the nominee during the post-election lame-duck session. "Allowing Democratic senators, many of whom will likely have just been defeated at the polls, to confirm Holder's successor would be an abuse of power that should not be countenanced," Cruz said in a statement.
Sen. Ted Cruz (R-Texas) does not believe in wasting time. Less than 24 hours have passed since Attorney General Eric Holder announced he's stepping down, and at this point, no one seems to have any idea when the White House will announce a successor or who he or she will be.
But for Cruz, that just means now is a good time to start drawing battle lines.
Perhaps more so than usual, Cruz has no idea what he's talking about.
As Kevin Drum noted in response, "Unless Cruz is suggesting that they should be banned completely, then of course business should be conducted during lame duck sessions. What else is Congress supposed to do during those few weeks?"
Right. Members of the Senate are elected to serve six-year terms. The Constitution, which Cruz usually loves to talk about, is quite explicit on this point. Article I does not say senators' terms end after 5 years and 10 months, with the final two months designated as goof-off time.
Indeed, if Cruz is still confused, he can look to very recent history to understand that nominating and confirming cabinet officials during a lame-duck session is the exact opposite of "an abuse of power."
In November 2006, then-Defense Secretary Donald Rumsfeld announced he was stepping down at the Pentagon. Almost immediately thereafter, then-President George W. Bush nominated Robert Gates as Rumsfeld's successor, and during the lame-duck session, the Senate held confirmation hearings, a committee vote, and a confirmation vote on the Senate floor.
Gates was confirmed, 95 to 2, and he was sworn in the week before Christmas 2006. Some of the senators who voted in support of the nominee, to use Cruz's language, had "just been defeated at the polls," but it didn't make a bit of difference.
Why not? Because they were still senators who had a job to do. Indeed, 2006 was an especially important year: the Republican majority in the Senate had just been voted out in a Democratic wave election, in large part because of the Bush administration's national-security policy. And yet, the Senate still moved quickly and efficiently to consider and confirm a new Pentagon chief.
This wasn't an "abuse of power." It was just the American political process working as it's designed to work.
The same is true now, whether Cruz understands that or not.
Of course, there's another scenario the far-right Texan may also want to keep in mind: the longer Cruz and his cohorts delay the process, the longer Eric Holder will remain the Attorney General. Indeed, Holder made it quite clear yesterday that he intends to stay on until his successor is ready to step into the office.
Under the circumstances, and given the right's uncontrollable hatred for the current A.G., shouldn't Cruz want the Senate to vote on Holder's replacement during the lame-duck session? Has he really thought his current posturing through?