Loretta Lynch’s support for President Obama’s executive action on immigration will make it tough for some Republicans on the Senate Judiciary Committee to vote for her confirmation as the next attorney general, but it’s unlikely to derail her chances.
The committee, made up of 11 Republicans and nine Democrats, includes some of the staunchest opponents of Obama’s November executive action, which allows more than five million illegal immigrants to apply for work permits and some federal benefits.
Lynch told the Senate Judiciary Committee Wednesday that she believes the legal argument behind Obama’s executive action is “reasonable.” Lynch also said she believes all people living in the United States had a right to work, regardless of whether they are living here legally.
“I believe that the right and the obligation to work is one that’s shared by everyone in this country regardless of how they came here,” Lynch told Sen. Jeff Sessions, R-Ala. “And certainly, if someone is here, regardless of status, I would prefer that they be participating in the workplace than not participating in the workplace.”
Sessions was alarmed by the response. His office quickly sent out an email blast of the exchange:
“Attorney General Nominee: ‘Right To Work Is Shared By Everyone In This Country Regardless’ Of Immigration Status,” the headline blared.
Sessions announced his opposition to Lynch’s nomination late Wednesday.
“Unfortunately, when asked today whether she found the President’s actions to be ‘legal and constitutional,’ Ms. Lynch said that she did,” Sessions said. “I therefore am unable to support her nomination.”
Sens. David Vitter, R-La., Mike Lee, R-Utah, and Ted Cruz, R-Texas engaged in tense exchanges with Lynch over her support of Obama’s immigration executive action.
But there are enough Republicans likely to support Lynch, including Sen. Orrin Hatch, R-Utah, and Lindsey Graham, R-S.C., that with the help of unanimously supportive Democrats, she is likely to clear the committee and head to confirmation by the full Senate.
Lynch’s approval is eased by wide praise for her role as attorney general for the Eastern District of New York. At the hearing, she appealed to lawmakers by striking a conciliatory tone, promising to listen to Congress and rebuild the frayed relationship between the legislative branch and the Department of Justice.
Some Republicans on the panel, particularly those who have overseen many confirmation hearings, said it wasn’t a surprise or a deal breaker to hear Lynch back Obama’s executive actions.
“I look upon her as a pretty good appointment,” Hatch said, adding, “She’s going to have to support the president,” when it comes to immigration issues.
Lynch need only win the backing of a majority of the 20-member panel, which means only two Republicans need to vote for her in committee.
Lynch’s confirmation by the full Senate requires a simple majority, too, thanks to a rules change put in place by Democrats in the last Congress that lowered the 60-vote threshold.
Republicans control 54 votes, but there is not nearly enough opposition to defeat Lynch’s confirmation.
Many Republicans are eager to confirm a replacement for current Attorney General Eric Holder, who they believe politicized the department and served as an extension of the Obama Administration.
“Anyone besides Holder would be an improvement,” one Republican lawmaker told the Washington Examiner.
Lynch’s nomination may prove to be a a politically difficult vote for Republicans, however.
Many have decried Obama’s executive action on immigration, and Lynch has now stated her support on the record.
“It will be very hard for a Republican senator to justify a vote to confirm Lynch as Attorney General given her defense of the President’s executive actions, which nearly every Republican considers lawless,” Dan Holler, spokesman for the conservative Heritage Action for America, told the Examiner.
Most Republicans have yet to declare whether they will vote for her, including Judiciary Committee Chairman Chuck Grassley, R-Iowa, who opened the hearing by asking Lynch whether she supported the president’s executive action.
“The Chairman has indicated that he wants the hearings to take place and allow Ms. Lynch to answer all questions before deciding on his vote,” Grassley spokeswoman Taylor Foy said.
