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Sen. Nelson 'Concerned' About Johnsen, 'Usually Opposes' Obstruction

Most of the focus on the obstruction of Dawn Johnsen has been on Republicans. They're the ones who might hold up her nomination, or stage a filibuster (i.e. file for cloture) so there's some good reason for that.

But what about pro-life Democrats? A Congressional Quarterly report this morning suggests that one pro-life Democratic senator--to wit Ben Nelson (D-PA)--might not support her nomination.

"Senator Nelson is very concerned about the nomination of Dawn Johnsen, based on her previous position as Counsel for NARAL. He believes that the Office of Legal Counsel is a position in which personal views can have an impact and is concerned about her outspoken pro-choice views on abortion," said spokesman Clay Westrope.

Ah, but there's an important technical distinction between "not supporting" a nominee and "actively filibustering" her. The question comes down to how Nelson would vote if Republicans subject Johnsen to a cloture vote. I spoke with a Nelson staffer myself just a moment ago and he didn't officially take the option off the table.

"He hasn't decided yet."

But the staffer also says "the senator doesn't support obstruction and usually votes for cloture."

If it comes to it, and Sen. Nelson votes 'yes' on cloture but a 'no' on the question of confirmation, it will amount, in essence, to a protest vote. However, it's worth going through Sen. Nelson's voting history on controversial nominees to see how true this is. I'll dig through the roll calls and report back any interesting findings. But the important question is who will vote to support the filibuster, and Nelson is strongly suggesting he won't, whereas I've been asking moderate Republicans this question for weeks, with no answers.


44 Comments

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(D-NE)

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("D" - NE)

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He, he, he...

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I love Atrini1's kitties.

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I doubt Nelson would stiff his party's President, and vote against cloture on Prof. Johnsen's nomination. A filibuster (hold, blue slip, etc.) is an extrodinary thing: it allows the minority to dictate the will of the majority. It should be used in the rarest of circumstances (see Bolton, John).

I think Nelson will probably vote against the nomination itself but not against cloture.

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Ben Nelson represents Nebraska, not PA!

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Another vote Franken will miss.

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What in the world does NARAL have to do with the OLC???? Ask Nelson to explain that!

So if Johnson eats meat and Nelson were a vegetarian, would he feel compeled to vote against her then, too?

This makes NO sense.

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I have no idea why people who should know better continue to use the term "pro-life" when what they really mean is "anti-choice."


About the only people I know who are "anti-life" (or perhaps "pro-death"?) are the people who support invading countries with which we have no legitimate quarrel, who oppose expanding health coverage to children, and who support taking money from food and fuel assistance for the poor and elderly to give it to agrobusiness and the petroleum industry.

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He only opposes obstructionism when he's not obstructing. Makes sense to me. I don't like that which I'm not doing, I like it when I'm doing it.

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It's time to implement the nuclear option. The Senate, like the House, should operate in majority rules except when proscribed in the Constitution. We the people have an opportunity every 2 years to adjust the majorities.

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By this same logic, Dems have the "right to reject any person for office if they worked for a "pro life" group, or went to a pro-life college. Fair is fair.

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I just phoned Senator Nelson's office and politely suggested that the senator reconsider his position. I encourage others to do the same. Here's the contact information:

Tel: (202) 224-6551
Fax: (202) 228-0012

Clearly the senator is feeling pressure to conform to his conservative base, so an avalanche of calls might get his attention. Does he really want to hold hands with John Cornyn on the issue? Really?! After the ideological zoo that was the OLC under Bush? No, the senator really needs to reverse his position on this nomination.

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I just called his office and spoke with John. I told him that if he votes against her nomination, there is a huge movement out there to fund the campaign of any opponent of his in the next election cycle.

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Who will his primary challenger be and how soon can I start writing checks? Enough of this clown. He's all about making himself look conservative and almost never does anything positive to support the DEMOCRATIC PARTY's agenda.

As one of millions around the country who has helped put Democrats in the majority, I'm outraged at these "foot on the brake" wimpy Democrats who are stuck in 1988 and always trying to please the right wing.

Democrats did NOT get into the majority by following Ben Nelson's Republican-light policies and politics.

Time for a little discipline for the right wing of the Dem Party.

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While Nelson is a very conservative Dem, he still is a Dem, which means he'll still vote with the Dems on a number of issues. Same deal for Specter, Snowe and Collins vis a vis the Republicans.

Even if you successfully primary out Nelson, you're just cutting off your nose to spite your face. The Republican nominee, who in all likelihood would be even more conservative than Nelson, would then win the seat convincingly. And given the makeup of the Nebraska electorate, the Dems would probably never win it back.

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It's 2009. We all need to update our thinking to modern realities. Dems gained ground in Plains states, too.

Nelson is hindering progress and carrying water for the right wing. Don't tell me I need to be happy for his efforts.

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In politics, there are some stalwart people who you want at your side (or in the foxhole with you) when things get tough.

Ben Nelson is not one of those people. He will quake, shiver, shake and run.

Maybe we can take up a collection for a spine implant.

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I could not agree more. To hell with this notion that your better off with the enemy you know than the one you don't.

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I hate him as much or more as anyone, but I'd suggest you go spend a week or two in rural Nebraska before you get all hot on the notion that we can get a better Democrat from that state.

On the other hand, an argument could be made that even Chuck Hagel is a better Democrat that Zell, Jr., here.

Too bad its not baseball. We could just trade them.

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No. Primary his ass out. He's a DINO and a Dino is a dinosaur.

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This is NOT about abortion, this is about torture and Johnsen's attitude in favor of releasing more information. The republicans know she is a threat. IMO, they will go to the filibuster on this nomination before anyone else. This is their line in the sand.

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Nelson is essentially going against the provision of the constitution prohibiting a religious test for holding public office since the abortion debate is in large part a religious issue. The same argument could be made in similar opposition to strong opponents of abortion for their beliefs. This provision of the Constitution has little political meaning as there has been a defacto test of religious belief for holding elected office in this country. I would agree with the prior poster that the tyranny of a representative minority needs to go by ending the filibuster. Frankly I think Federalism puts up behind the rest of the world, but that's an argument for another day. Nelson's state of Nebraska has an officially non-partisan unicameral legislature and it seems to me that unicameralism on a state level is something that more states need to look at as there is no real need for two houses since states don't have a federal system.

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As a Nebraskan, I'm especially furious with Ben Nelson. He makes me angrier every time he opens his mouth. I've never liked him, but he just gets worse and worse.

So far, I've held my nose and voted for him, figuring that an "official" Republican would be worse, but I'm not so sure that I can continue to do that. I'd like to see a primary challenge, even though it would have no chance at all (even in the primary, let alone the general election).

In general, Democratic candidates for statewide elections in Nebraska tend to be tokens, since they have such a poor chance of winning. And Democrats don't win lesser elections, so they don't get name recognition. Even these days, Nebraska is solidly Republican. Hard to believe after eight years of Bush, isn't it?

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Nelson is idiotic scum. When, when can we kick this clown out of the party?

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Just called his office. My statement to one of his aides was that I was concerned about his recent statements concerning the OLC appointment Johnson. I went on to say that I understand that Sen nelson comes from a purple state but had not heard Sen Nelson raise any objections while in the Sen or in committee to any of Bush's appointee's to similar posts. His aide said that Bush had not appointed anybody that had worked for a pro-choice group (this comment got under my skin). So my reply was that Sen Nelson did not object to any Bush appointees who had affiliations with pro-life groups or pro-life rhetoric in their past. If that is the case then it would seem that Sen Nelson is applying some sort of moral and political test to the OLC Johnson pick. I told his aide that it was high time the US turned back to its roots which is that the US is a nation of laws and that nothing in OLC Johnson's background should be objectionable based on those laws.

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Good for you Josh. We need to keep the pressure on him. I intend to call his office every frickin day. I hope all here will do the same.

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President Obama needs to come out and say, pass this nomination now. We need the help.

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Interesting how Ben Nelson had no problem hiring a pollster, Harrison Hickman, for his 2000 campaign who at the time had been NARAL's pollster for more than a decade. He hired Hickman again in 2006.

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But the staffer also says "the senator doesn't support obstruction and usually votes for cloture."

Isn't this the same Ben Nelson who's been holding up the Dem leadership for concessions before he commits? I'd alter that quote to " ... usually votes for cloture after he gets what he wants".

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All votes considered, Joe Lieberman is by far the better Democrat than Nelson. Nelson may be the worst Democrat in the Senate.

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How did he vote on Roberts? Roberts worked for the Anti-Choice group his wife worked for. Unbelievable!! A Democrat(?) having a litmus test for a nominee whose party the President belongs to voting one down. Is he protecting former administration drinking buddies? If this involved money or a judgeship for life I could maybe see his objection. This is in the DOJ not USAG.

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Wait a minute here. Johnson worked in support of legal activities and she wants to work for the OLC?? This is all wrong. They only support il-legal activities so she's out.

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Sen. Ben Nelson is a political hack who is pandering to the right because of political reasons and not because of his morals. Let that be the reason of record and stop all this crap about his moral views. He is is depictable and needs to gone. Forget the worrry of he being replaced by a worse republican and people need to get oragnized and work their asses off for a true democaratic Senator. It can be done!

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Absolutely right. Every time there is any disagreement to the democratic agenda there is Sen Ben Nelson's name attached to it. He only votes democratic when there is no repercussions from republicans.

It's laughable to even suggest he is doing this out of some moral motivation. Bought and sold. Just watch as he stands against health care reform and cap and trade getting passed by the reconciliation process forcing those issues into being filibustered.

They needed a dem to stand against Dawn Johnsen and the Nelson's are always ready to cross over to the republican line.

Treat him like a republican because that's what he is. Just thought he had a better chance of getting elected with a 'D' after his name I guess. He just forgets that it is not just the dems but a majority of Americans who are pro-choice.

It's a lame excuse for not supporting Dawn Johnsen, who is an independent voice when making decisions.

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I just called Collins' office. There's no decision yet made on whether she's voting for cloture. The lady who I spoke to, sounded like she was leaning towards it though.

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Obama's people are not doing their jobs very well. They have allowed asshole DINO's like Nelson to have far too much power. They should have made it clear to them that this sort of blackmail would not be tolerated.

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It's not that simple. From what I've been hearing all the Senators have been talked to about this individual. Unfortunately, Nelson, as a "conservative" democrat feels that he has to be in the middle. I don't see how he'd get attacked on this though.

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They should be twisting his arm so hard he'd cry like a baby for mercy. But they don't play hardball. Instead, they put him in the catbird seat so he can call the tune. They should have told him how this was going to work a while back. They can make it a whole helluva lot harder for him to get re-elected than the Republicans can and they shouldn't be afraid to let him know that. They will pick up plenty of seats next time. They don't need him when they could have a real Republican in his place and still have more votes than they do now.

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I am so sick of old white men getting self-righteous about abortion. They can obstruct women's rights when science figures out how to make a male pregnant.

I will bet $100 that at least one woman in Nelson's family has had an abortion - guaranteed.

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So, Nelson's upset that she worked as Councel for a group that helps to keep something that is legal legal?

I guess she should have been working to make something that is legal illegal.

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Obama needs to pull this little bastard aside and have a talk with him. I despise this little slime ball

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It gets me mad but you must realize he is from NEBRASKA. It was ruby red last election (except for the one district Obama won). He is representing his state and they aren't very progressive.

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