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Tuberville remains firm on abortion policy protests despite mounting pressure.

Sen. Tommy Tuberville’s (R-Ala.) response was a⁢ straightforward shake of the head “no” when reporters ‍asked whether he was willing to negotiate over the military promotions standoff amid ​growing pushback from his Republican colleagues.

“No,‍ we’ve going ⁤down for seven months,” he said Tuesday. “They’re not into it either. There’s no give-and-take here, either side.”

High-ranking military nominations have⁣ to be approved by the Senate, usually in a batch⁣ vote, but Mr. Tuberville has placed a hold on⁣ the process‌ due to the ⁤Department of Defense’s (DOD) policy of ‍granting funds and leave ⁢for military service members and ‍their ‌family members who want⁣ to get an abortion.

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Hyde Amendment laws prohibit federal funds​ from going towards abortions, with exceptions for rape, ⁢incest, and when the life of the mother is at stake.

In the wake of the Supreme Court’s Dobbs⁤ v. Jackson decision that overturned Roe​ v.​ Wade, states where 450,000 service members live have enacted abortion laws, according to a⁤ DOD press release.

Secretary of Defense⁤ Lloyd ⁤Austin signed a⁣ memo ⁤allowing for funding of paid ‍leave and ‌travel ‍reimbursement for abortions for service members and⁣ their families in October 2022,

The Biden administration Justice Department followed with a ‍legal opinion (pdf) advising the DOD that it was within its rights to do​ so, because the funding covered travel, and ⁤not the abortion procedure itself.

Mr. Tuberville maintains ​that Mr. Austin had no authority⁢ to allow for such funding via a memo. He is demanding the DOD reverse its ⁤policy, ⁤and then follow procedure ⁣and send up legislation for a vote.

“Move it back to‌ what it was …‍ and then send ​over what you want to vote on and let’s vote it up or down, whichever way it‌ goes. If‌ they move it back and we get a vote, that ⁤constitutes no ‍holds,” he said. “And then‍ let the vote go as it may.”

The hold affects ‍some 300 military ​service members. Promotions can still occur ‍via the non-batched, normal but slower process, but the branch leader appointments require Senate confirmation.
The Senate Armed⁢ Services Committee has​ approved ⁢273 promotions, with about 40 to go, according to ⁣The Hill. ‍Some senators have said that individually voting on the promotions doesn’t make sense.

Pushback

Mr. Tuberville’s hold has drawn the ire ‌of military members and⁢ politicians on⁢ both the left ‌and right.

Senate ⁤Republican Leader Mitch‍ McConnell (R-Ky.) told ‍reporters⁤ on Tuesday‌ that his colleague was making a “mistake.”

“I think holding these⁤ non-policymaking career military [officials] who can’t be ‍involved in politics at all ​is a mistake, and we continue to work on ⁣that and⁣ I hope at some ​point we can get it ‌clear,” he said.

Rep. Michael‍ McCaul (R-Texas) ‍took ‌to CNN over the weekend to blast Mr. Tuberville’s hold.

“This‌ is paralyzing the Department of Defense—the idea that one man in the Senate can hold this ⁢up for months,” said Mr. McCaul, chair of⁤ the House⁣ Foreign Affairs Committee, calling it a⁢ “national security problem.”

Mr. McCaul added that he supported efforts to pass legislation that would repeal the DOD’s ‍abortion policy. Though it⁤ would garner support in the Republican-controlled‍ House, it would likely fail in the Democrat-controlled‌ Senate.

On CNN, a ⁢staffer for Mr. Tuberville pointed to Senate Majority Leader Chuck ​Schumer (D-N.Y.) as a responsible party as well.

“No one ‌can stop Chuck Schumer from holding votes ​on ⁢these nominations. He just doesn’t ​want to,”‌ said spokesperson Steve Stafford.

Mr. Schumer dismissed that⁤ line of reasoning on Tuesday.

“Look, the bottom line is this is a Republican problem. Don’t ⁤pawn it off on us.⁢ It was created by​ Tuberville solely himself, ‌and⁢ it’s up to the Republicans to put​ pressure on‍ him to back off,⁤ plain ⁣and simple. We’re⁣ already seeing that pressure mount,” Mr. Schumer⁤ said. “The pressure is mounting. Tuberville should back off.”

He further told The Hill that calls for the DOD⁢ to⁣ make some concessions were “absurd.”

Several members of Congress have called on the DOD and Mr. Tuberville to compromise, including Sen. ‍Kyrsten Sinema ( I-Ariz.).

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