Fresh off their victory in last week’s midterm elections, Republicans are bursting with ideas about implementing their agenda but also spoiling for a fight with a president who arrogantly thinks the verdict of the voters shouldn’t affect his policies. But those who think it’s a good idea to fire on the first administration target to come into range may be making a mistake. While the GOP will be right to use every opportunity to push back against President Obama’s likely decision to bypass Congress and seek to legalize millions of illegal immigrants, linking that arrogant move to efforts to block or stall the confirmation of Loretta Lynch as attorney general won’t accomplish much.
Senators Ted Cruz and Mike Lee stated clearly that they intend to use Lynch’s confirmation to grill the nominee on whether she thinks the president’s planned executive orders on amnesty are constitutional. More to the point, they and other conservatives are seeking to get some commitments from Lynch on her willingness to avoid the kind of selective enforcement of the law that characterized the tenure of her predecessor Eric Holder.
That should make for some good television but even the brash Cruz must understand that he and his colleagues must tread carefully when questioning the first African American woman selected to lead the Justice Department. This administration’s cheering sections in the mainstream media are quick to cry racism every time anyone blasts Obama’s policies or cry sexism when someone points out the damaging role being played by Obama confidante Valerie Jarrett. So it won’t take much for the same crew to try to portray tough questioning of Lynch as a new edition of the Spanish Inquisition.
Republicans will rightly dismiss that as just another instance of media bias by a press corps that will probably continue to operate as a cheering section for President Obama until the day he vacates the White House. But that doesn’t mean the GOP should walk into the trap the president is setting for them. Turning Lynch into a victim won’t be tactically smart especially since she is viewed as a non-political career prosecutor rather than another Obama crony like Holder.
It’s not clear what options Republicans will have if the president goes ahead and seeks to run roughshod over the Constitution by seeking to govern on his own without the consent of Congress. The GOP may try to defund those agencies involved in any mass amnesty plan, though doubtless Majority Leader Mitch McConnell will keep his pledge to avoid any potential government shutdown scenarios. So that may leave the court of public opinion as the best avenue for venting outrage over a move that will endear Democrats to many Hispanics while outraging those who think, whatever their views about the need for immigration reform, the rule of law should not be trashed in order for the president to get his way on the issue.
The president may want the lame duck session of Congress to vote on Lynch but there’s no reason to rush this confirmation so as to avoid giving newly elected senators a shot at asking pointed questions. But while the GOP should not flinch from raising this issue every chance they get in the coming months, not every Obama appointment will serve this cause as well as others. Though conservatives want to fight Obama over everything and anything, a scattershot approach will only serve to help him spin his lawless ways as less provocative than a senatorial grilling of a woman they can’t lay a glove on. Having been presented with a seemingly unexceptional appointment, turning Lynch into a piñata over immigration could be tactically inept. There will be other, better targets for Republican scrutiny in the coming months. Until they come along, the GOP may do better to keep their powder dry and not start a nomination fight that they won’t win.