Conservatives Set To Block Dawn Johnsen’s Nomination

Thinkprogress:

Roll Call reports that conservatives look poised to successfully block the nomination of Dawn Johnsen to head the White House Office of Legal Counsel (OLC). Senate Majority Leader Harry Reid (D-NV) declared that his hands were tied without the assistance of a few Republican votes:

“Right now we’re finding out when to do that,” Reid said, responding to a question about the status of Indiana University law professor Dawn Johnsen’s nomination to the Justice post. “We need a couple Republican votes until we can get to 60.”

It’s unclear why 60 votes are needed to confirm Johnsen, considering her predecessor, Jay Bybee — who went on to authorize illegal torture — won easy confirmation in 2001 through a simple voice vote. Bybee’s successor, Jack Goldsmith, was also approved by a voice vote. Steven Bradbury served for three years as an acting OLC head, and so did not have to come up for a vote. Having a full — and filibuster-proof — Senate vote on Johnsen would be an unusual break with recent precedent.

Update: The nomination of David Hayes failed in the Senate today, when he received only of 57 votes in favor to 39 against. Hayes was nominated to be deputy Interior Secretary, and is the first Obama nominee to be rejected.

Update 2: CNN reported that if Hayes' nomination couldn't overcome this procedural hurdle, it would fail. But that's not necessarily true. Among the 39 senators voting to filibuster Hayes was Senate Majority Leader Harry Reid--not, of course, because he opposes Hayes, but because it keeps Hayes' chances alive. That vote will allow him to bring the issue back to the floor at a later date when, presumably, the conflict is resolved.