Jeff Flake has a strategy to pressure Republican leaders to take up legislation to limit President Donald Trump’s trade powers, and it hits one of Majority Leader Mitch McConnell’s foremost priorities—judicial confirmations. If he follows through on the plan he could achieve results, but Flake’s like-minded colleagues aren’t exactly enthusiastic at the prospect.
The retiring Arizona Republican is using his leverage as a member of the Senate Judiciary Committee (made up of 11 Republicans and 10 Democrats) to hold President Donald Trump’s judicial nominees hostage in order to pressure Senate leaders to hold a vote on legislation that would give Congress a greater say in trade matters. Flake was not present during votes on Monday night, and further details of his demands remain unclear.
Flake has been vague about his reasons for holding up the nomination of Britt Grant, an appointee for the U.S. Court of Appeals for the 11th Circuit, who was previously expected to get a vote in the Senate Judiciary Committee on June 14. “Oh, it’s just something I’m working out,” he told reporters at the time. But Flake indicated over the weekend that he was blocking the nomination because he wants to see movement on efforts to limit the president’s trade powers.
“I do think that unless we can actually do something other than just approving the president’s executive calendar, his nominees, judges, that we have no reason to be there,” Flake told ABC’s George Stephanopoulos on Sunday. “So, I think myself and a number of senators, at least a few of us will stand up and say let’s not move any more judges until we get a vote for example on tariffs.”
Although some of Flake’s colleagues have similar convictions concerning Trump’s use of tariffs, they say they won’t go so far as to block Trump’s appointees.
“I am not holding up judicial nominees for that purpose,” Pennsylvania Republican Pat Toomey told reporters on Monday night.
Toomey is a co-sponsor of a measure originally introduced by Bob Corker that would subject tariffs imposed under national security claims through Section 232 of the Trade Expansion Act to congressional approval. Trump has angered close trading partners (and Republicans on Capitol Hill, for that matter) by using that authority to impose tariffs of 25 percent and 10 percent on foreign steel and aluminum. The White House intends to use it again to impose tariffs of 25 percent on imported automobiles.
Toomey and Flake agree that Trump’s license to implement such duties without congressional approval should be revoked. And Toomey said on Monday night that getting a vote on the trade bill is “very important to me” — but so is confirming Trump’s judicial nominees. And Wisconsin Republican Ron Johnson, another co-sponsor of the Corker bill, said that he would love to see Congress reclaim its Article I constitutional authority over tariffs, but that he wasn’t insisting it happen “at exactly this moment in time.”
“I’d prefer he not do it,” Johnson said of Flake’s strategy of targeting Trump’s judicial nominees. “We need to confirm judges.”
Corker himself appeared wary of the notion. “We’re trying to pass the amendment in a normal way,” Corker shouted through the glass of a Senate subway car as the train propelled him away from a gaggle of reporters on Monday night.
Judiciary Chairman Chuck Grassley said on Monday night that he hadn’t spoken to Flake about the issue. “I’m interested in moving these judges, but I also have respect for what [Flake] wants to do,” Grassley told reporters. Senate Majority Whip John Cornyn said he would prefer to advance trade legislation through the Finance Committee, which has primary jurisdiction over the issue. Still, Cornyn didn’t appear completely opposed to the concept of curtailing Trump’s ability to unilaterally impose the Section 232 tariffs.
“Part of the problem is the national security designation is pretty malleable and pretty subjective,” said Cornyn. “And that’s part of the concerns that many of my colleagues have, is that it not be used strictly for economic protectionism.”
It isn’t the first time Flake has taken advantage of the slim Republican majority in the Senate to push for specific priorities. In April, Flake threatened to use his position as the deciding vote on the confirmation of NASA Administrator Jim Bridenstine to ask for discussions with Secretary of State Mike Pompeo concerning the administration’s Cuba policies.
But such pressure campaigns can work only up to a certain point, some say, and the apparent lack of support for the strategy among Flake’s closest allies in the debate may make it more difficult to sustain.
“Typically if you have the right pressure on the right pressure point, it can be effective, but only for a short period of time,” said South Carolina Republican Tim Scott on Monday when asked about Flake’s strategy.
“So this, too, will have to come to an end at some point.”
