Nominations pileup has Senate Republicans threatening rules changes

Senate Republicans are privately discussing whether to change the chamber's rules amid growing frustration with Democrats’ slow-walking of President Donald Trump’s nominees.

The discussion, which came to a head during a closed-door lunch Tuesday, comes as Republicans seek to confirm dozens of Trump nominees before leaving for their traditional summer break. Doing so without weeks of delay would require Democrats to cut a deal to speed up the process.

“This can't continue — Democrats either have to change their behavior or we're going to have to change other things,” Sen. John Barrasso (R-Wyo.), the No. 2 Senate Republican, said Tuesday, adding that changing rules surrounding nominations would be “part of the discussion.”

Possible rules changes that Republicans are entertaining include reducing the amount of debate time each nominee is required to undergo before a final vote or allowing “en bloc” voting on groups of nominees. Republicans are also discussing whether to reduce the number of nominees who have to undergo Senate confirmation.

“We are absolutely trying to avoid a nuclear option issue, but at some point you’ve got to have an operational government,” said Sen. Mike Rounds (R-S.D.).

Republicans also spoke at length during their party lunch about allowing recess appointments — a once-unthinkable idea that appears to be gaining new traction within the conference.

Sen. John Kennedy (R-La.) said afterward there was a “consensus” among the GOP senators who spoke at the lunch about formally adjourning the Senate and allowing Trump to make recess appointments. The Senate typically holds brief “pro forma” sessions during long breaks that prevent presidents from circumventing Congress.

Republicans “just don't have a choice,” Kennedy said, while stressing that the sentiments expressed in the room didn't mean every Republican senator is on board.

Another GOP senator in the lunch, granted anonymity to speak candidly, said there was “a lot of support in the room” for either changing the rules or allowing recess appointments. Republicans did not make a decision about next steps at the meeting.

Even as some Republicans float recess appointments, they are still viewed as unlikely to happen. For one, GOP senators have a hangup out of their control: Both chambers need to formally adjourn, and the House left town without doing so. They’re holding pro forma sessions instead.

The GOP’s internal frustration has been quietly building over the past months, with many Republicans particularly annoyed about the lack of voice votes for Trump's nominees. Senate Majority Leader John Thune noted in a floor address Monday that at the same point in his tenure President Joe Biden had gotten dozens of nominees approved without having to call individual roll call votes.

Thune added in an interview Tuesday that “pressure is going to grow to take steps to expedite this process if the Dems don't start playing ball soon. It's going to start coming from every direction.”

There are roughly 150 nominees currently awaiting action on the Senate floor. Democrats are forcing Republicans to eat up floor time to overcome procedural hurdle nominees on even mid-level picks, sparking GOP frustration over not being able to clear those nominees via unanimous consent or voice votes.

“Republicans would like to return to those golden years when there were groups of nominees considered, but we weren't given that courtesy by them,” said Sen. Dick Durbin (D-Ill.), referring to the trickle of nominees confirmed under President Joe Biden.

“We're kind of stuck where we are,” he added.

Even as senators air their frustrations, Thune said he is talking to Senate Minority Leader Chuck Schumer about a potential package of nominees that could get confirmed before the extended summer break. Durbin confirmed the negotiations.

Durbin said the question for Democrats is “what's the quid pro quo” that they would get in exchange for expediting nominees.