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Illustration: Aïda Amer/Axios

Some Senate Republicans are refusing to commit to confirmation hearings or votes for Joe Biden's Cabinet picks while election challenges from President Trump and others continue to play out.

Why it matters: The foot-dragging could prevent the president-elect from having key team members in place on Day One — just six weeks from today.

"As long as there's litigation ongoing, and the election result is disputed, I do not think you will see the Senate act to confirm any nominee," Sen. Ted Cruz (R-Texas) told Axios.

  • Sen. Ron Johnson, who holds sway as chairman of the Homeland Security and Government Affairs Committee, said, "There's still some pretty troubling irregularities that haven't been explained."

The backdrop: Historically, a majority of a president's nominees receive hearings before the inauguration. That lets them be confirmed and get to work immediately when the newly minted president formally submits their appointment paperwork on Inauguration Day.

Speedy confirmations are especially important in the national security arena, where a president relies on his team at the Defense, State and Justice departments, as well as the FBI and CIA, to protect the country.

  • Some lawmakers, including many Republicans, argue this is even more important given the pandemic.
  • Sen. Lamar Alexander (R-Tenn.), who is retiring in January, said today, “We don't need to lose one hour or one day in that distribution."
  • "I do believe a president is entitled to the team he wants to put together, unless they're completely off the mark, and so I'll give them a good read," Sen. Mitt Romney (R-Utah) told Axios contributor Glen Johnson on Tuesday.

Other senators disagree — because they want to challenge Biden's most controversial nominees.

  • Sen. Jim Inhofe (R-Okla.), chairman of the Armed Services Committee, said, "I don't really care" about the legal aspect," adding he cares more about "the problems" with Biden's pick for Defense secretary, retired General Lloyd Austin.
  • "My feeling is that when we have someone where you need to get something out, we need to have a hearing."

Timing: The Electoral College votes on Monday, but some lawmakers predict Trump's legal fight will continue.

  • The chatter comes as a growing number of House Republicans are backing an effort by Rep. Mo Brooks (R-Ala.) to challenge Congress' election certification next month.
  • With the support of just a single senator — who Trump's fiercest House GOP allies are courting — Brooks could force the House and Senate to debate and vote on the challenge. That could drag out the typically ceremonial process of counting electoral college votes.
  • Johnson told Axios that while he met with Rep. Jim Jordan (R-Ohio) and a group of House members about this effort, he is still gathering information and hasn't committed to being that senator.

Go deeper

GOP implosion: Trump threats, payback

Spotted last week on a work van in Evansville, Ind. Photo: Sam Owens/The Evansville Courier & Press via Reuters

The GOP is getting torn apart by a spreading revolt against party leaders for failing to stand up for former President Trump and punish his critics.

Why it matters: Republican leaders suffered a nightmarish two months in Washington. Outside the nation’s capital, it's even worse.

23 hours ago - Politics & Policy

Vaccinations, relief timing dominate Sweet 16 call

Sen. Joe Manchin (D-W.V.) speaks during a news conference in December with a group of bipartisan lawmakers. Photo: Caroline Brehman/CQ-Roll Call, Inc via Getty Images

Vaccine distribution, pandemic data and a cross-party comity dominated today's virtual meeting between White House officials and a bipartisan group of lawmakers, Senator Angus King told Axios.

Why it matters: Given Democrats' razor-thin majority in both chambers of Congress, President Biden will have to rely heavily on this group of centrist lawmakers — dubbed the "Sweet 16" — to pass any substantial legislation.

Sanders says Democrats will push coronavirus relief package through with simple majority

Sen. Bernie Sanders (I-Vt.) leaves the Senate floor on Jan. 1. Photo: Liz Lynch/Getty Images

Sen. Bernie Sanders (I-Vt.), incoming chair of the Senate Budget Committee who caucuses with the Democrats, told CNN's "State of the Union" on Sunday that Democrats plan to push a coronavirus relief package through the chamber with a simple majority vote.

Why it matters: "Budget reconciliation" would allow Democrats to forgo the Senate's 60-vote requirement and could potentially speed-up the next relief package for millions of unemployed Americans. Democrats hold the the 50-50 split in the Senate with Vice President Kamala Harris serving as the tie-breaking vote.

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