Loretta Lynch, President Obama’s attorney general nominee who once appeared to be on a glide path to confirmation, is now a vote away from losing the job after months of delay, thanks mostly to her views on illegal immigration.
Senate Republicans leaders have postponed a confirmation vote on Lynch, who was nominated more than four months ago. And each passing day has generated another GOP “no” vote, even from Republicans who typically would be amenable to approving Lynch, who is now serving as the U.S. Attorney for the Eastern District of New York and is highly regarded for her legal mind, job performance and personal appeal.
Among those who are uncertain of Lynch’s fate is Sen. Orrin Hatch, R-Utah, who is chairman of the Senate Judiciary Committee and a staunch backer of Lynch.
Just a few weeks ago, Hatch told the Washington Examiner Lynch would easily be confirmed by the Senate.
Now, he’s not so sure.
“I don’t know,” Hatch said, when asked if Lynch has the votes to pass. “All I can say is I’m for her.”
The latest Republican rejections came Tuesday from Sens. Bob Corker and Lamar Alexander, both of Tennessee. The two lawmakers have backed Obama nominees in the past, including current Attorney General Eric Holder, who won confirmation by a vote of 75-21.
Like other Republicans who said they will oppose her, Corker pointed to Lynch’s support for President Obama’s recent executive actions on immigration — specifically, a policy that will allow millions of illegal immigrants to get work permits and some federal benefits.
Lynch expressed her support for Obama’s directive during her confirmation hearings in the Senate Judiciary Committee in January, telling the panel she believes illegal immigrants have a right to work in the United States.
“I believe that the right and the obligation to work is one that’s shared by everyone in this country regardless of how they came here,” Lynch said at the Jan. 28 hearing.
“And certainly, if someone is here, regardless of status, I would prefer that they be participating in the workplace than not participating in the workplace.”
Lynch’s perspective on illegal immigration has helped to slowly unravel her support in a GOP-led Senate that has grown increasingly angry over Obama’s executive actions.
“The job of the U.S. attorney general is to enforce federal laws as written, not as the administration wishes they were written,” Corker said. “While I believe Ms. Lynch is an impressive attorney and a committed public servant, nothing revealed during our personal meeting or at her confirmation hearing has assured me that she will be an independent attorney general and refrain from selective enforcement of the law, and therefore I will not be supporting her confirmation.”
Corker’s decision to vote against Lynch follows other Senate Republicans who might have backed Lynch under different circumstances.
Like Corker, they point to Obama’s executive actions on immigration.
Congressional Republicans tried to curb Obama’s immigration directives in a Homeland Security spending measure last month, but they backed down in the face of a potential shutdown of the agency.
Lynch’s nomination has now become the avenue for the GOP to vent their opposition to Obama’s moves, which they call a form of “executive amnesty,” for illegal immigrants.
Sen. Alexander, R-Tenn., who also backed Holder’s nomination, told the Washington Examiner he’ll also vote against Lynch. He pointed to Obama’s executive actions on immigration as the reason.
“It’s an opportunity I have, within the Senate rules, to express my disapproval of President Obama’s executive overreach and I’m going to take advantage of that opportunity,” he told the Examiner.
Lynch needs just 51 votes to be confirmed. So far, only Republican Sens. Orrin Hatch, of Utah, Susan Collins, of Maine, Jeff Flake, of Arizona, and Lindsey Graham, of South Carolina, have publicly announced their support for Lynch, although some Republicans are undecided, including Sens. Lisa Murkowski, of Alaska and Kelly Ayotte, of New Hampshire.
If all 46 Democrats vote in favor of Lynch, then Vice President Joe Biden will be able to confirm her with a tie-breaking vote.
But some Republicans are hoping one of the four GOP “yes” votes will switch, which would leave Lynch a vote shy of the majority needed to become the next attorney general.
Sen. John McCain, R-Ariz., who said he’ll vote against Lynch, has close ties to Graham and may be using his influence to try to get Graham to change his mind on Lynch, suggested a GOP aide.
A McCain spokesman did not respond to a request for comment on the matter, while a Graham spokesman said there is “no change” in the senator’s decision to back Lynch.
“We have a choice – Loretta Lynch or Eric Holder?” Graham said. “I think it’s time we turn the page on Eric Holder as attorney general.”
For Lynch, the problem may be that the Senate calendar is working against her, leaving more opportunity for her meager GOP support to diminish.
Republican leaders postponed a scheduled vote on her confirmation this week because Democrats are blocking a human trafficking bill over contested abortion language. If there is no vote this week, Lynch’s confirmation vote would likely be postponed until mid to late April, thanks to a scheduled two-week Senate recess and plans to take up a budget resolution next week.
Democrats acknowledge Lynch’s confirmation may be uncertain.
“There are four Republicans who have said they are for Lynch,” Sen. Charles Schumer, D-N.Y., said. “That’s enough to barely pass her. We hope she’ll pass…we hope she’ll pass.”
