Sebelius’ Filibustered Nomination To Move Forward–Why Not Johnsens?

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We haven’t been following Kathleen’s Sebelius’ confirmation fight as closely as we have those of some other Obama nominees because, initially, she seemed like a shoe-in. The Senate Finance Committee advanced her nomination to head the Department of Health and Human Services by a wide margin just last week. But in the wake of some complaints from anti-abortion groups–including about her April 23 decision to veto the latest in a series of efforts by the Kansas legislature to limit late term abortions–she’ll now be subjected to a cloture vote (or, if you don’t speak Congress-ese, a filibuster).

Her initially-non-controversial nomination will likely come to a vote tomorrow, though, and she’ll likely clear the 60 vote hurdle with the help of Maine Sens. Olympia Snowe and Susan Collins, and possibly others.

But, of course, there’s another female Obama nominee who’s running into some trouble.

In fact, Dawn Johnsen’s nomination to head the Justice Department’s Office of Legal Counsel seems to be, if anything, in more trouble than does Sebelius’. There have been rumors of a Johnsen filibuster for weeks now, and outside groups, both pro-confirmation and anti, have been lobbying Congress as the process has all-but-ground to a halt. (Just today, the groups People For the American Way, Alliance for Justice, National Women’s Law Center, and NARAL Pro-Choice America hosted a conference call for reporters during which former OLC-chiefs Walter Dellinger (who served under Clinton) and Douglas Kmiec (who served under Reagan and George H.W. Bush), along with Johnsen’s Indiana University colleague Aviva Orenstein, made the case for a quick confirmation.)

Now, keep in mind that Sebelius will be a cabinet-level official while Johnsen will not, and in that sense it’s plausible that Democrats have prioritized a vote on Sebelius’ nomination in order to make Obama’s cabinet whole. But it’s also plausible that Senate Majority Leader Harry Reid (R-NV) isn’t as sure he can clear the cloture hurdle if the question on the floor is on the confirmation of Dawn Johnsen. More on the apparent disparity as I learn it.

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