The GOP is warning the President not to ram Eric Holder's replacement through Congress during this lame-duck session.
Republican lawmakers quickly vowed that whomever Obama taps would be subject to intense scrutiny following an era when the GOP was often at odds with the Justice Department.
But even if, as many predict, Republicans reclaim control of the Senate in the approaching midterm elections, they would be largely powerless to block Democrats from using their current majority to confirm an attorney general before the new Congress is gaveled into session in January.
“Rather than rush a nominee through the Senate in a lame-duck session, I hope the president will now take his time to nominate a qualified individual who can start fresh relationships with Congress so that we can solve the problems facing our country,” said Iowa Sen. Chuck Grassley, ranking Republican on the Senate Judiciary Committee.
Grassley, who voted to confirm Holder in 2009, lamented that his tenure “was strained by his lack of respect for Congress, the American taxpayer and the laws on the books. “
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Since those appointments, however, Democrats pushed through a Senate rule change known as the “nuclear option,” allowing most presidential nominees to advance with support from a simple majority of members.
The rule has significantly strengthened Obama’s ability to have his way for the time being. But that could quickly change in November.
“If Republicans gain control of the Senate, the lame-duck period represents the last chance to confirm a new attorney general without GOP support,” said Dan Holler, spokesman for the conservative group Heritage Action for America.
I'd enjoy watching the Democrats use the "nuclear option" for Holder's replacement, knowing that the precedent set would then benefit Republicans in the future when the shoe is on the other foot, and the party in power gets to do whatever they want to.
You've changed the rules Democrats, you get to live with the results.