Tuberville stalemate thaws: Senate confirms Joint Chiefs chairman caught in Pentagon blockade

The United States has a new confirmed leader of the Joint Chiefs after the Senate worked around Sen. Tommy Tuberville’s (R-AL) hold on Pentagon nominees on Wednesday.

The chamber voted 83-11 to install Gen. C.Q. Brown to the post days before his predecessor, Gen. Mark Milley, stepped down. He easily cleared a procedural hurdle just three hours earlier.

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His nomination, plus a slate of other retirements in the military’s top brass, had put growing pressure on Congress to resolve a standoff centered on the Pentagon’s abortion policy.

Tuberville has had a blanket hold on general and flag officers since March in protest of the department’s decision to pay for the travel expenses of servicewomen seeking an abortion out of state. In the ensuing six months, his blockade has caught up more than 300 nominees.

Senate Majority Leader Chuck Schumer (D-NY) could vote on the nominees one by one — Tuberville’s hold prevents their consideration in one large batch, as is traditionally done — but he had so far refused, citing the weeks of floor time that would take plus the signal it would send to other senators considering holds of their own.

That all changed when Tuberville signaled he would go to the floor to force a vote under a rarely used procedure that allows members to end-run the majority leader. He collected the signatures needed on Tuesday for what’s called a cloture petition on President Joe Biden’s nominee to lead the Marine Corps, Eric Smith, teeing up floor action later this week. But Schumer acted first, setting up a vote on Smith, Brown, and one other officer: Randy George, to be chief of staff to the Army.

His decision marks a seismic shift in a stalemate that until now revolved around months of theatrics and gamesmanship. Nonetheless, Tuberville made clear on Wednesday afternoon the battle lines were unchanged, reiterating that he would not drop his hold on the remaining nominees until the Pentagon reverses its policy, which Republicans consider a violation of the Hyde Amendment, or Democrats codify it into law.

“My hold is still in place. The hold will remain in place as long as the Pentagon’s illegal abortion policy remains in place,” he said. “If the Pentagon lifts the policy, then I will lift my hold. It’s as easy as that. That’s been my position since the very beginning.”

Meanwhile, Schumer, who emphasizes the effect the holds are having on military readiness, pleaded with Republicans to pressure Tuberville to back down while suggesting the chamber could be forced to consider more nominees on an individual basis.

“This is not a sustainable path,” he said in floor remarks. “Sen. Tuberville’s continued abuse of his privilege will continue to disrupt the lives of hundreds of our nation’s finest and most dedicated military officers and their families.”

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“And while we Democrats didn’t choose this fight,” he added, “we are ready to put an end to this sooner rather than later.”

Fortuitously, the vote came the same day Milley, along with other top officials, visited the Capitol to provide senators a classified briefing on Ukraine. Schumer also scheduled a Wednesday procedural vote for George, whose confirmation will likely carry into Thursday. Then, the Senate will move to confirm Smith.