Editorial: Put an end to secret holds
A no-brainer for the Senate upon returning from its summer recess is to eliminate the sneaky practice of placing secret "holds" on legislation or on presidential nominees.
A no-brainer for the Senate upon returning from its summer recess is to eliminate the sneaky practice of placing secret "holds" on legislation or on presidential nominees.
This undemocratic tradition allows a single senator to block legislation anonymously, without even needing to state a reason.
Lawmakers of both parties play this cowardly game. Sometimes they use it as a bargaining chip to obtain federal largesse for their home state. Sometimes they're motivated simply by partisanship.
Sen. Claire McCaskill (D., Mo.), sponsor of a bill to end secret holds, estimated earlier this year that up to 80 of President Obama's nominees for non-controversial positions were being blocked in this fashion. Her new proposal would require any senator placing a hold to identify himself or herself publicly within 24 hours.
The point of stopping this practice isn't to benefit one party or the other. If Republicans manage to regain the majority in November, ending secret holds would quickly serve their interests, too.
Democracy needs sunlight to work well. Senators who object to any proposal ought to have the courage to make such action publicly.
Some senators have been trying for nearly 15 years to end secret holds. The Senate approved legislation in 2007 to curb the habit by requiring any senator placing an anonymous hold to identify himself or herself after six days.
But the time limit doesn't start until the subject is brought up for consideration on the floor, and there are other loopholes that allow senators to avoid identifying themselves.
Sens. Chuck Grassley (R., Iowa) and Ron Wyden (D., Ore.) proposed ending secret holds in May, but Sen. Jim DeMint (R., S.C.) blocked it five times. Senate Republican leader Mitch McConnell (R., Ky.) also has voiced opposition to this needed reform.
McCaskill has collected signatures from 68 senators from both parties who favor her proposal, including Democrats Arlen Specter and Bob Casey of Pennsylvania, and Bob Menendez and Frank Lautenberg of New Jersey. In an important move, Senate Majority Leader Harry Reid (D., Nev.) has agreed to bring up the issue for a floor vote this fall. Previously, amendments aimed at killing anonymous holds were attached to bills and then were removed under the cloak of relative secrecy during House-Senate negotiations.
This time, senators should cast a stand-alone vote on ending secret holds so the public will know where each lawmaker stands. They should stand for transparency, not for subterfuge.
