IU law professor’s confirmation drags on

IU law professor Dawn Johnsen’s confirmation as United States Assistant Attorney General continues to face opposition from both sides of the aisle.

President Obama nominated Johnsen as assistant attorney general for the Office of Legal Counsel in January. Johnsen’s nomination was approved in a March Senate judiciary committee hearing. However, Johnsen’s former position as director for NARAL Pro-Choice America and her strong stance against Bush torture policies have been sources of continued concern for members of both parties.

So far, 57 Democrats and Indiana Republican Sen. Richard Lugar are in support of Johnsen’s confirmation, two votes shy of the 60-vote supermajority needed to overcome a filibuster. The filibuster is an attempt to block or delay Senate action on a bill or other matter by debating it at length, by offering numerous procedural motions or by any other delaying or obstructive actions.

Senate Majority Leader Harry Reid, D-Nev., has come under fire in recent days because of his apparent reluctance to bring the matter to a vote. Reid said he will not bring the issue to the floor until he is confident he has the 60 votes.

Sen. Ben Nelson, D-Neb., a pro-life supporter, has expressed his continued concern that Johnsen’s strong opinions supporting pro-choice groups could impact her role in the Office of Legal Counsel.

“Senator Nelson is very concerned about the nomination of Dawn Johnsen, based on her previous position as Counsel for NARAL,” Sen. Nelson’s spokesman Clay Westrope said in a press release. “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.”

Sen. Arlen Specter, D-Pa., reaffirmed his opposition as a longtime Republican senator to Johnsen’s nomination and stated he would not vote for her confirmation in a yes-no vote but is currently reconsidering how he would vote on cloture, which is the only procedure by which the Senate can vote to place a time limit on consideration of a bill or other matter and thereby overcome a filibuster.

Westrope said Nelson hasn’t decided how he would vote on cloture.

“He usually votes yes because he is against obstruction and believes it is important for each issue to get an up or down vote,” Westrope said in a press conference.

Sen. Lugar’s spokesman Andy Fisher confirmed that the Indiana senator continues to support both invoking cloture and Johnsen’s confirmation.

That puts the onus on Democrats.

Reid is requiring a filibuster-proof majority to confirm Johnsen’s nomination, unlike President Bush’s nominees, John Yoo and Jack Goldsmith, who were confirmed by a voice vote.

For now, the debate is still up in the air, and the White House is not commenting on whether it will step in on the matter.