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By Kelsey Snell, and David Weigel, and Ed O'Keefe By Kelsey Snell, and David Weigel, and Ed O'Keefe February 1 at 4:47 PM

Senate Republicans moved aggressively Wednesday to push through several of Trumps Cabinet nominees, the latest round in an escalating showdown with Democrats trying to thwart President Trumps administration.

Republicans lashed out angrily at Democrats trying to stall the presidents nominees at the committee level, suspending the rules to approve two nominees, Rep. Tom Price (R-Ga.) for secretary of health and human services and Steven T. Mnuchin to lead the Treasury.

Republicans also advanced the nomination of Sen. Jeff Sessions (R-Ala.) for attorney general, and they finalized confirmation of former ExxonMobil chief executive Rex Tillerson for secretary of state by a vote of 56 to 43.

The day was not without its setbacks for Republicans, however. Two GOP senators, Lisa Murkowski (Alaska) and Susan Collins (Maine), signaled they do not plan to support the presidents nominee for education secretary, Betsy DeVos leaving Republicans one vote shy of the number needed to doom her nomination. Both senators cited their uncertainty about whether DeVos, an avid supporter of charter schools and school vouchers, is sufficiently committed to helping public schools.

The drama on Capitol Hill unfolded at a time when Democrats, under intense pressure from liberal activists, have become increasingly emboldened to block Trumps agenda and appointees.

Democrats were enraged by the administrations executive order issued over the weekend to bar travel to the United States by those from seven majority-Muslim countries. They galvanized around the firing of acting attorney general Sally Yates, who was dismissed for refusing to enforce the ban. And some Democrats were also angered by the presidents nomination of Neil Gorsuch to the Supreme Court on Tuesday night, arguing that Republicans cannot expect them to swiftly approve the selection after their blockade of then-President Barack Obamas nominee, Judge Merrick Garland.

[Two GOP senators announce opposition to DeVos]

Several Democrats sided with Republicans, however, to approve Tillerson, including senators from states that Trump won during the election: Sens. Heidi Heitkamp (N.D.) and Joe Manchin III (W.Va.). Maine Sen. Angus King (I) and Sen. Mark R. Warner (Va.) also supported Tillerson.

There is little Democrats can do to prevent final confirmation of any of Trumps picks because the GOP needs only 51 votes to approve them in the full Senate and there are 52 Republican senators.

With Tillerson, six high-ranking Trump nominees have been approved by the full Senate: Elaine Chao as transportation secretary; retired generals John Kelly and Jim Mattis at the Department of Homeland Security and the Pentagon; Mike Pompeo to lead the CIA; and Nikki Haley to serve as U.S. ambassador to the United Nations.

Over in the Senate Judiciary Committee, Republicans celebrated Sessionss approval on a party-line vote of 11 to 9, with Democrats present and opposing his nomination.

Senator Sessions has devoted his life to public service, and his qualifications cannot be questioned, Senate Majority Whip John Cornyn (R-Tex.) said in a statement following the Sessions vote. He has a history of protecting and defending the Constitution and the rule of law for all people.

But a committee hearing to approve Trumps pick for the Environmental Protection Agency, Scott Pruitt, was delayed after Democrats failed to show up. So was a hearing to vet Rep. Mick Mulvaney (R-S.C.) to lead the Office of Management and Budget was delayed Wednesday, though the delay happened before the panel convened.

And on Tuesday, the Senate Energy and Natural Resources Committee approved the nominations of former Texas governor Rick Perry to be energy secretary and Rep. Ryan Zinke (R-Mont.) to be interior secretary.

Republicans came to the aid of Trumps nominees after Democrats dipped into their procedural arsenal to stall many of them at committee hearings on Monday, echoing growing liberal anger in the streets.

Democrats are going to keep fighting back, said Sen. Patty Murray (D-Wash.). We are going to stand with people across the country. And we will keep pushing Republicans to put country above party and stand with us.

That stance was met with praise from liberal activists, labor unions and constituents.

Were seeing someone who came into office with a historic popular vote loss come in and push a radical, unconstitutional agenda, said Kurt Walters, the campaign director of the transparency group Demand Progress. Yes, radical and bold tactics are what senators should be using in response.

At Senate Finance on Wednesday morning, Chair Orrin G. Hatch (Utah) rammed through Mnuchin and Price after Democrats did not show up for that hearing. Their nominations now head to the Senate floor for an up-or-down vote, although it is unclear when that will occur.

Republicans on this committee showed up to do our jobs. Yesterday, rather than accept anything less than their desired outcome, our Democrat colleagues chose to cower in the hallway and hold a press conference, Hatch charged.

Incensed by the Democratic boycott, GOP members spent Tuesday exploring how they could quickly approve Price and Mnuchin and punish Democrats for their surprise move.

Committee staffers scoured the panels lengthy rulebook and discovered it permits the majority party to temporarily suspend the rules and meet without Democrats. Hatch said he consulted the Senate parliamentarian, who serves as a referee on all disputes in committees and on the Senate floor, who said doing so was within bounds.

After weeks of back-and-forth about Trumps nominees, the boycott was the last straw, explained Sen. Johnny Isakson (R-Ga.), who pushed staffers to explore their options.

The ultimate result was not in doubt. Getting to the ultimate was in doubt, he added. For us, it was going to get done. Why not find a way to do it since they werent going to show up for a committee meeting? To them, slowing down the process just gave them the time to do that and try to make cases against us.

Democrats were told Wednesday morning that Finance would reconvene. But they were not given any indication that Hatch would alter the rules, according to a spokesman for Sen. Ron Wyden (D-Ore.), the top committee Democrat.

Democrats complained that Mnuchin misled the committee by initially misstating his personal wealth on a financial disclosure form and misrepresenting under oath how OneWest Bank, which he led, scrutinized mortgage documents. And Wyden pointed to discounted stock buys Price made in a health-care company, first reported by the Wall Street Journal.

We felt it was important to say we need this information to do our job, Wyden said Wednesday after Hatch forced the party-line vote.

Other Republicans dismissed accusations that the GOP is bending Senate procedure to quickly confirm Trumps picks.

I think people expect senators to show up for work and be there. Its unfortunate, said Sen. Jeff Flake (R-Ariz.).

Democrats defended their actions as a necessary step to register their frustration after a small group of Republicans refused to allow them to question the nominees once new information came to light.

Over at the Environment and Public Works Committee, where Pruitt is being considered, Republicans vented their frustration at the lack of Democrats who came.

A GOP aide displayed a chart designed to show how quickly past EPA nominees were confirmed. Notably missing, however, was Obamas second EPA administrator, Gina McCarthy. Nominated in March 2013, McCarthy was not confirmed until July of that year at one point, Republicans on the Environment committee boycotted a meeting to demand that McCarthy answer more questions.

That was not a new president, newly elected, said Sen. John Barrasso (R-Wyo.), arguing that the GOP boycott differed because it happened during Obamas second term. A newly elected president, I believe, has a right to their Cabinet.

Sean Sullivan and Karoun Demirjian contributed to this report.

Read more at PowerPost

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Republicans aggressively push approval of Trump Cabinet nominees - Washington Post

Sens. Susan Collins(R-Maine) and Lisa Murkowski (R-Alaska) said Wednesday that they intend to vote against the confirmation ofPresident Trumps education secretary nominee, Betsy DeVos, givingDemocrats two of at least three Republican votes they would need to block her appointment.

Republican leaders said that despite the defections, they are confident DeVos will be confirmed.

Shell be confirmed you can take that to the bank,Sen. John Cornyn (R-Texas), the majority whip.

Both Collins and Murkowski said on the Senate floor that while they appreciate DeVoss efforts to help at-risk children through advocating for vouchers and charter schools, they are concerned that DeVos lacks the experience needed to serve as education secretary and improve public schools, particularly in rural areas. DeVos has no professional experience in public schools, and she did not attend public schools herself or send her own children to them.

The mission of the Department of Education is broad, but supporting public education is at its core, Collins said. Im concerned that Mrs. Devoss lack of experience with public schools will make it difficult for her to fully understand, identify and assist with those challenges, particularly for our rural schools in states like Maine.

[Senate panel votes in favor of Betsy DeVos, Trumps education pick]

Murkowski said children in remote communities across Alaska depend on a strong public school system, and that she isnt persuaded that DeVos has the background to strengthen that system. As she left the Senate floor, Murkowski said that her decision was the result of an outpouring of responses from Alaskans as well as her own research. I was trying to get to yes. I just couldnt, she said.

A final confirmation vote is expected on the Senate floor either over the weekend or early next week, according to aides to Republican leadership.

There are 48 senators in the Democratic caucus. If they vote as a bloc against DeVos, and if they are joined by Murkowski and Collins, the vote to confirm would be 50-50. In that event, Vice President Pence a staunch DeVos supporter would cast the tiebreaking vote. It would mark the first tiebreaking vote by a vice president since Richard Cheney did so nine years ago. Joe Biden, Cheneys successor, went eight years as vice president without ever breaking a tie.

[DeVos questionnaire appears to include passages from uncited sources]

If a third Republican senator votes against DeVos, she could lose the confirmation vote. Several are facing constituent pressure to oppose the nominee, including Patrick J. Toomey (R-Pa.) Im all for her, Toomey told The Washington Post on Wednesday.

Alaskas junior senator, Dan Sullivan (R),would not say whether he will vote yes or no on DeVos. But his tone suggested he would lean toward support.

He detailed concerns similar to what Sen. Murkowski was talking about. We have very almost frontier-type education environments where theres only one school in the communities. Theres no choice at all.

But Ive had very good meetings with the nominee, he added. From my perspective I think shes going to be adequately focused on those issues.

White House press secretary Sean Spicer said the Trump administration has zero concerns that DeVoss nomination will be voted down.

I am 100 percent confident she will be the next secretary of education, Spicer said at Wednesdays news briefing.

[Six astonishing things Betsy DeVos said and refused to say at her confirmation hearing]

Trumps nomination of DeVos, a Michigan billionaire and major donor to Republican causes,has triggered a sharp partisan battle, and she has faced an unprecedented level of opposition for a prospective education secretary. Both of the nations largest teachers unions mounted campaigns against her immediately after her nomination, but opposition broadened after she stumbled over basic education policy questions during her Jan. 17 confirmation hearing. Parents and teachers have flooded the Senates phone lines and email inboxes in recent weeks, urging senators to vote against DeVos.

The nation is speaking out. [S]enators need to listen, said Lily Eskelsen Garcia, president of the National Education Association.

Several previous nominees were confirmed on a voice vote or by unanimous consent. The deepest divisionto date was over the nomination of John B. King Jr., who was confirmed in March 2016 on a 49-40 vote. Even then, key Republicans including Lamar Alexander (Tenn.), chairman of the Senate Education Committee, and Mitch McConnell (Ky.), the majority leader voted in Kings favor, giving his confirmation a bipartisan blessing.

Kelsey Snell, Paul Kane and Ed OKeefe contributed to this report.

Read more here:
Two Republican senators say they will vote against DeVos for education secretary - Washington Post

Todd Spangler, Detroit Free Press , WZZM 2:58 PM. EST February 01, 2017

DeVos speaks during her confirmation hearing for Secretary of Education before the Senate Health, Education, Labor, and Pensions Committee on Capitol Hill January 17, 2017 in Washington, DC. (Photo: BRENDAN SMIALOWSKI/AFP/Getty Images)

WASHINGTON - What previously appeared to be a near-certain chance of Michigan's Betsy DeVos becoming President Donald Trump's education secretary took a hit today as two Republican U.S. senators said they would vote against her.

U.S. Sens. Susan Collins of Maine and Lisa Murkowski of Alaska delivered statements from the floor of the U.S. Senate saying they could not support DeVos' nomination, questioning both her experience and commitment to public schools.

"Mrs. DeVos is the product of her experience," said Collins. "She appears to view education through the lens of her experience of promoting alternatives to public education in Detroit and other cities." She went onto say that "concentration on charter schools and vouchers ... raises the question about whether or not she fully appreciates that the secretary of education's primary focus must be on helping states and communities strengthen our public schools."

"I think Mrs. DeVos has much to learn about our nation's public schools," said Murkowski, who, like Collins raised concerns that her lack of experience with public schools could have a particular impact in rural areas in states like hers. She has been so involved in one side (of school vouchers and school choice), she may be unaware of what actually is successful within public schools and what is broke and how to fix them."

With Collins and Murkowski saying they will vote against DeVos -- and earlier indications that all of the 48 Senate Democrats and the two independents who caucus with them would likely vote against her -- her nomination could result in a 50-50 tie when it goes to the floor. That tie would be broken on DeVos' behalf by Vice President Mike Pence in his role as Senate president -- though both sides will be looking for members of the other party to pick off in the meantime.

On Tuesday, both Collins and Murkowski voted in the Senate Health, Education, Labor and Pensions Committee to allow DeVos' nomination to proceed to the floor for a full vote out of deference to the new president but refused to commit to a final vote for her. A date for her final vote has not yet been set.

2017 Detroit Free Press

WZZM

Betsy DeVos' confirmation moves ahead after fractious debate

WZZM

Hundreds rally against Betsy DeVos in her hometown

WZZM

Calvin College alumni sign letter opposing DeVos nomination

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2 Republicans say they oppose Betsy DeVos as Education pick - WZZM13.com

MATTHEW DALY and KEVIN FREKING

AP,

1:07 PM

WASHINGTON (AP) The Republican-led House has voted to overturn a regulation from President Barack Obamas tenure that requires companies to disclose payments made to the U.S. and foreign governments relating to mining and drilling.

The House is using an arcane tool that allows a simple majority of both GOP-led chambers to invalidate regulations issued in the final months of Obamas presidency.

The vote for repeal was 255-187.

The rule was intended to promote transparency so that citizens in some of the worlds most impoverished countries can hold their governments accountable for the wealth generated through mining and drilling.

But Republicans countered that the regulation requires U.S. companies to hand over key details of how they bid and compete while many foreign competitors are under no obligation to do the same.

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Congressional Republicans move to dismantle Obama rules - Boston.com

Arizona Republicans are tired of being covered by one of the most liberal courts of appeals in the nation, and now they want a court they hope will more accurately reflect the conservative attitudes of the Mountain West.

Rep. Andy Biggs (R-Ariz.) has introduced legislation to create a new federal court of appeals to cover district courts in Arizona, Alaska, Idaho, Montana and Nevada. The new 12th Circuit would carve up the 9th Circuit, the busiest of the 11 circuit courts in the nation.

Another proposal, from Rep. Mike Simpson (R-Idaho), would add Washington and Oregon to the 12th Circuit, along with the Mountain West states.

The court has also blocked several Arizona state laws, including measures to require English-only education, an immigration enforcement ban and restrictions on abortions. In 2016, the 9th Circuit blocked an Arizona ban on ballot harvesting, which limited outside groups from collecting absentee ballots and submitting them to state elections boards.

The 9th Circuit covers about 40 percent of the U.S. population. Its mammoth, Biggs said in an interview. California basically is the big dog in that circuit, and they certainly have more judges, which are reflective of Californias values and not necessarily the values of noncoastal states.

Sen. Jeff FlakeJeff FlakeWestern Republicans seek new federal appeals court Republican leadership: The new silent majority Republicans who oppose, support Trump refugee order MORE (R-Ariz.) and then-Rep. Matt SalmonMatt SalmonWestern Republicans seek new federal appeals court Arts groups gear up for fight over NEA What gun groups want from Trump MORE (R-Ariz.), Biggss predecessor, proposed a measure in the last Congress to split up the 9th Circuit as well. Flake is considering a similar measure this year. Arizonas governor, Doug Ducey (R), has asked congressional leaders to carve his state out of the existing circuit scheme.

The 9th Circuit is by far the most overburdened court in the country, with a turnaround time that averages 14 months. Its pending cases are more than double the caseload of the next busiest court, Ducey said in his State of the State address last week. Arizona, and other states in the 9th Circuit, deserve better.

Biggs and his staff are working with House Judiciary Committee staff to schedule a hearing on the bill. Committee Chairman Bob GoodlatteBob GoodlatteWestern Republicans seek new federal appeals court GOP chairman defends staff who helped draft Trump travel order Ryan: Trump travel ban confusion 'regrettable' MORE (R-Va.) has not said whether he would back a measure to add a new circuit court.

Thirteen of the 44 judges in the 9th Circuit are based in states that would move under the jurisdiction of the new 12th Circuit under Biggss proposal, including Chief Judge Sidney Thomas, based in Billings, Mont., who was first appointed to the bench by President Carter.

Biggss legislation would allow judges in states that would be covered by the 12th Circuit to decide which circuit they wanted to serve going forward. Only three of those 13 judges were appointed by Republican presidents.

Biggs said there are no firm plans for where the 12th Circuit would be based, though Phoenix would be the largest city by far in states his legislation covers.

Link:
Western Republicans seek new federal appeals court - The Hill