Tuberville Has No Plans To Stop Holding Up Key Military Appointments in Abortion Flap

‘I will keep my hold until the Pentagon follows the law,’ the senator insists, or ‘Congress changes the law.’

AP/J. Scott Applewhite
Senator Tuberville at the Capitol March 28, 2023. AP/J. Scott Applewhite

Senator Tuberville has been holding up military appointments for months in protest of the Pentagon’s policy on reimbursement for abortion related travel, and there’s no end in sight.

Mr. Tuberville’s hold on military appointments has dragged on for three months, and he has blocked some 250 military appointments, which defense officials warn is becoming a national security threat.

Last month, Defense Secretary Austin called the block “irresponsible” and “unprecedented in scale and scope” in a statement, adding that it is “a clear risk to U.S. military readiness, especially at this critical time.”

Mr. Tuberville has taken issue with a Department of Defense policy that reimburses travel costs for military personnel who must travel for an abortion procedure. The travel issue has become more pressing as some states have passed tough restrictions on abortion following the Supreme Court’s overturning of Roe v. Wade.

Mr. Tuberville represents Alabama, a state which now bans abortion in every circumstance except when necessary to save the life of the mother.

Mr. Tuberville has claimed that the Pentagon’s policy is illegal in light of the overturning of Roe in the Dobbs v. Jackson Women’s Health Organization decision. He says he’s concerned that the policy forces taxpayers to “fund abortions” and that the Pentagon bypassed Congress in setting the policy.

“It’s an illegal policy. They changed it, they can’t do it, so let’s go back to the original policy,” Mr. Tuberville told the Washington Examiner. “If they want to change it, let’s change it here in Congress, like we are supposed to.”

The Senate majority leader, Chuck Schumer, has refused to bring nominees to a one by one vote, which could allow the Senate to bypass Mr. Tuberville and his position in the committee, saying he doesn’t want to legitimize Mr. Tuberville’s behavior.

Some Senate Republicans have made attempts to get Mr. Tuberville to stand down as well. Senator Ernst has proposed legislation that would change the Pentagon’s abortion policy, though it has little chance of advancing out of the Armed Services Committee.

Other Senate Republicans have taken to blaming Mr. Schumer. Senator Cornyn wants Mr. Schumer to put the appointees up for a vote one at a time.

In Mr. Coryn’s estimation, the Senate could confirm about ten appointees a week, meaning the backlog alone would take about 25 weeks to get through. There are also some 400 more appointees expected by the end of the year.

Senator Fischer has drawn a similar line of reasoning, putting the blame on Mr. Schumer rather than Mr. Tuberville, telling the Washington Examiner that “He’s the one I would say that is holding up the ship.”

“There is a way forward, and it’s for leader Schumer to put these nominees on the floor,” Ms. Fischer said. “Schumer has had three months to put them on the floor and take votes.” 

Last week, however, when Senator Cardin brought a vote on a Naval Academy superintendent nominee, Yvette Davids, to the floor, Mr. Tuberville blocked the confirmation, which requires unanimous approval, nine times.

“I will keep my hold until the Pentagon follows the law [or] Congress changes the law,” Mr. Tuberville said after blocking the confirmation. “That’s the way we do it here in the Senate.”


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