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Absentee Politics and the Perils of Legislative Dereliction

The United States Senate, once lauded as "the world's greatest deliberative body," finds itself plagued by a persistent malady: absenteeism among its members, particularly when the stakes could not be higher. The latest chapter of this perennial tale unfolded Monday evening, as Senate Republicans attempted to block a judicial confirmation blitz orchestrated by outgoing Senate Majority Leader Chuck Schumer. Their efforts faltered, however, under the weight of absent colleagues, most prominently Vice President-elect J.D. Vance and Sen. Marco Rubio, both conspicuously missing from the Capitol.  

The timing of these absences could not have been worse. With fewer than 15 legislative days remaining before the Democratic majority yields control to Republicans, Schumer has prioritized confirming a slate of President Biden’s judicial nominees—lifetime appointments that will shape the judiciary for decades. Yet, instead of marshaling their full ranks to contest these appointments, Republicans found themselves undermined by their own dereliction.  

Sen. Thom Tillis, visibly exasperated, distilled the matter succinctly during a GOP policy luncheon: “If we don’t show up, we lose.” And lose they did. The nomination of Embry Kidd to the 11th Circuit Court of Appeals passed narrowly, despite opposition from Sen. Joe Manchin and a plausible path to Republican victory if their absentees had simply shown up.  

The frustration of Tillis and his colleagues is not misplaced. The Republican Party’s senators are entrusted with a constitutional duty to provide advice and consent on judicial appointments. This role, though procedural in appearance, serves as the Senate’s bulwark against ideological overreach and the entrenchment of partisanship in the judiciary. By abdicating this responsibility—even for ostensibly legitimate reasons such as Vice President-elect Vance’s meetings with President-elect Trump—Republicans squandered a rare opportunity to slow the confirmation juggernaut.  

To be clear, absenteeism is not unique to Republicans. It is a bipartisan failing, symptomatic of a broader cultural shift in Congress toward performative politics over substantive governance. But for a party on the verge of reclaiming Senate leadership, the optics of such disarray are particularly damaging.  

Beyond optics, the consequences are real and enduring. Judicial nominees such as Kidd are not mere placeholders; they will wield significant influence over constitutional interpretation and the rule of law in their circuits. As Sen. John Kennedy sardonically observed, “They think they’re qualified to be a federal judge if they’ve seen *My Cousin Vinny*.” Whether hyperbole or not, his critique underscores the stakes of these confirmations.  

Florida Governor Ron DeSantis, never one to mince words, articulated the stakes in stark terms: Kidd’s confirmation means that the people of Florida, Alabama, and Georgia “will suffer the consequences.” Such rhetoric, while pointed, reflects the legitimate fears of conservatives who see the judiciary as a critical battleground in America’s ongoing ideological struggle.  

Vice President-elect Vance, for his part, attempted to justify his absence by framing it as part of a broader effort to secure an FBI director committed to reforming the agency. Yet his initial defense—“It’s more important to get an FBI director who will dismantle the deep state”—rang hollow to colleagues who were left to soldier on without him. His subsequent deletion of the post and return to the Senate for Tuesday’s afternoon votes hinted at a recognition of his misstep, but the damage to his credibility was already done.  

As Senate Republicans prepare to assume leadership, the imperative is clear: show up. This is not a platitude but a fundamental necessity. Leadership entails accountability, and accountability begins with attendance.  

The broader lesson for the Republican Party is one of unity and discipline. For a Senate majority to function effectively, it must operate as a cohesive whole. In this moment of transition, where every vote carries outsized significance, there is no margin for error or absenteeism.  

Sen. Shelley Moore Capito’s wry observation that Vance “must have gotten my message” encapsulates the frustration and hope of her colleagues. If Republicans are to govern effectively in the months ahead, their presence—literal and figurative—must be felt in the Senate chamber.  

Thee stakes are too high, and the margins too narrow, for anything less.

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