KEY VOTE: “No” on the Standing Order Resolution providing for en bloc military nominations (S.Res. 444)

KEY VOTE: Senate · Nov 7, 2023

Heritage Action opposes the Standing Order Resolution providing for en bloc military nominations (S.Res. 444), and will include it as a key vote on our legislative scorecard.

Senate Democrats are attempting to rewrite Senate rules, undermining all individual senators’ ability to withhold consent – for any reason – on a group of military nominations. S. Res. 444 aims to reshape the Senate by creating a new path for senators to proceed to a group of nominations en masse under one cloture vote as opposed to individual cloture votes for each nomination.

Historically, high-ranking military promotions requiring confirmation by the Senate have bypassed the full confirmation process. Instead of requiring multiple votes and hours of floor time, senators typically grant unanimous consent (UC) to bypass the rules and confirm the promotions as a group and without a vote. However, it requires unanimity to do this. If UC is not obtained, the Senate can either proceed according to its standard confirmation procedures or the nominations may stall.

S. Res. 444 is a desperate attempt to bypass one senator’s legitimate use of Senate procedure to withhold consent. Sen. Tuberville warned the Biden administration that if it followed through on its pledge to expand access to abortion services through any means necessary, including the Department of Defense, he would withhold his consent from the expedient processing of military promotions. While the administration tested his resolve, Sen. Tuberville has not wavered in his defense of the unborn and fight against this unlawful abuse of executive branch authority.

Just as some Democrats have viewed other Senate procedures (namely, the filibuster) as a tool to be used for purely partisan gain when convenient and an obstacle when in the way of their pursuit of power, this attempted rules change is no different. The political move is emblematic of the striking contrast to Senate Republicans, who preserved the filibuster between 2017 and 2019 when controlling both chambers of Congress and the presidency.

While the measure is temporary and written to address military nominations, it establishes a new precedent that could be mirrored for judges, ambassadors, any other nominees, and potentially even legislation. Further, almost every standing order has been renewed in the past, stressing the importance of upholding the integrity of Senate procedure to maintain each individual senator’s power.

Any member who votes to temporarily rewrite Senate procedure to bypass a legitimate exercise of an individual senator’s power to withhold unanimous consent will be putting partisan gain over the future of the Senate.

Heritage Action opposes the Standing Order Resolution providing for en bloc military nominations (S.Res. 444), and will include it as a key vote on our legislative scorecard.