Tipsheet

Tommy Tuberville Again Fends Off Attacks From Within, With Some Help From Mike Lee

Rebecca Downs
Rebecca Downs  |  November 16, 2023 2:15 PM

Sen. Tommy Tuberville (R-AL) early on Thursday morning once more had to fend off attacks from his fellow Republican senators who sought to break his hold on approving military nominees and promotions by unanimous consent. Tuberville's holds, which he's engaged in for close to a year now, are in response to the Pentagon's illegal abortion policy. Under the policy, which violates 10 U.S.C. 1093, female servicemembers and their dependents can receive paid time off for abortions, and travel expenses are covered if the abortion takes place in another state. There is no gestational limit for such abortions. 

While Tuberville is the face of such holds, he's not the only one who has objected to the nominations. Sen. Mike Lee (R-UT) has joined him before as well, and he was a crucial part of Thursday morning's endeavor.

As was the case earlier this month, Republican Sens. Dan Sullivan (AK), Todd Young (IN), Lindsey Graham (SC), and Joni Ernst (IA) all tried to confirm military nominees, but to no avail. As The Hill reported, "Tuberville sat at his desk unmoved, while Lee, the influential chair of the Senate Steering Committee, rejected the requests for swift approval and argued that Senate Republicans shouldn’t allow the promotions to proceed until the Pentagon drops its policy of paying the travel expenses of service members who obtain abortions."

CNN's Manu Raju noted that the attempt went on from 12:15am to 3:45am, although Lee still declared in a post "I love my job!"

This comes after the Senate Rules Committee, on a party-line vote, voted on Tuesday in favor of a "a temporary standing order resolution" that would allow Senate Majority Leader Chuck Schumer (D-NY). Republicans don't seem likely to come out in favor of the proposal, though, even when it comes to those who opposed Tuberville's holds on Thursday morning and earlier this month. Graham was even quoted as referring to Tuberville as "very-well liked" in a POLITICO report about that Rules Committee tactic.

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While Graham was one of the participants trying to move Tuberville, he may be looking to take action against the Pentagon's policy in another way, according to Punchbowl News:

One option, as we scooped Tuesday, is to have conservative attorney Jay Sekulow and Speaker Mike Johnson file a lawsuit seeking to invalidate the policy.

The lawsuit idea, which Sen. Lindsey Graham (R-S.C.) is organizing with Sekulow, would require the speaker’s buy-in because it increases the chances of success. Graham plans to speak with Johnson about it.

“There’s a real strong possibility we could win this thing in court,” Graham said. “Holding up military nominees who are innocent of all of this is not the right answer.”

Graham said Sekulow told him that the House speaker would have strong legal standing to challenge the abortion policy on the grounds that Congress never appropriated the use of funds for this purpose.

Johnson’s staff is discussing the idea but also may be wary of the politics of aligning with Tuberville on an issue — abortion — that has been blamed for Republicans’ recent election losses. Graham says he’ll pursue it regardless of Tuberville’s decision.

Tuberville called the lawsuit a “good option” but added: “It’s going to take a while.”

Such a move, which doesn't appear to be definitive yet, would still come many months after Tuberville sought to stand up for the right to life and the rule of law, and after the policy has been in place for some time. And, as Tuberville pointed out, "It's going to take a while."

This isn't all on Tuberville, though, especially in the Democratically-controlled Senate. If the Biden administration won't rescind the policy, Schumer can call nominees up individually, something Tuberville, Lee, and others have pointed to, reminding that he has had such power all along. In fact, Schumer did as much when he caved in September and again in late October.

"Tuberville" and "Mike Lee" continue to trend over X. Lee has been posting and reposting about his support for Tuberville, and the need for fellow Republicans to support Tuberville as well.

In addition to Lee, Tuberville has significant support from other Republicans, not just in the Senate, but in the House as well. Grassroots leaders and veterans also support Tuberville, as do Alabama voters.