In the Senate, the power of a single senator is vast. However, a determined supermajority can overcome the blockade caused by one senator through a process known as cloture. This process requires time and involves invoking cloture, which is the Senate term for overcoming a filibuster. By gathering a coalition of at least 60 senators for legislation or 51 for a nomination, the lone senator obstructing progress can be defeated.
Recently, Republican Senator Tommy Tuberville of Alabama used his power to block the routine promotions of 250 military flag officers as a protest against the Pentagon’s abortion policy. The policy, implemented after the Dobbs Supreme Court decision, allows pregnant women in the armed forces health care plan to travel across state lines for abortions. Some states have imposed restrictions on abortion following the Dobbs opinion. The Pentagon’s policy aims to provide reproductive health care options to women in the military who may have limited control over their assignments.
Tuberville’s action has had significant consequences, such as preventing the Marine Corps from having a Commandant. Gen. David Berger stepped down, and Gen. Eric Smith is awaiting promotion to the position. However, Tuberville’s hold has stalled the Senate’s progress in advancing his promotion. This situation could also affect the confirmation of Gen. Charles Q. Brown as the Chairman of the Joint Chiefs of Staff.
The process of “holds” in the Senate is not governed by a specific rule but is rather a custom. A hold is essentially withholding consent, signaling that a senator will not allow quick votes on senior military officer promotions. As a result, the Senate often considers promotions en bloc, meaning they are handled simultaneously to maximize efficiency. Overcoming a filibuster during this process requires a simple majority vote.
There is currently a backlog of over 250 military promotions pending in the Senate. Processing each promotion individually would consume a significant amount of Senate floor time. To expedite the process, the Senate usually seeks unanimous consent from all 100 senators to advance non-controversial promotions en bloc. However, if any senator objects, the process is halted. Tuberville’s decision to withhold consent for all 250 flag officer promotions is significant because it affects multiple officers, not just one individual.
While Tuberville’s action is within his rights as a senator, it highlights the importance of floor time in the Senate. If the Senate does not want to spend weeks on routine, non-controversial promotions, Tuberville’s protest over the military’s abortion policy will continue to prevail.
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