Think Progress

Ben Nelson to oppose OLC nominee Johnsen because of her ‘outspoken pro-choice views.’

nelson251.jpgGreg Sargent reports that centrist Democratic Sen. Ben Nelson (NE) — who voted to confirm both Sam Alito and John Roberts — will oppose Dawn Johnsen’s nomination to lead the Justice Department’s Office of Legal Counsel. Nelson says he opposes Johnsen, a noted legal scholar and outspoken critic of the Bush administration’s torture program, because of her pro-choice views:

Senator Nelson is very concerned about the nomination of Dawn Johnson, based on her previous position as Counsel for NARAL. He believes that the Office of Legal Counsel is a position in which personal views can have an impact and is concerned about her outspoken pro-choice views on abortion.

Nelson is buying into the right-wing’s war against Johnsen. Outspoken anti-choice Republican Rep. Chris Smith (NJ) said Johnsen has a “a prejudice against motherhood, the family and a fundamental respect for all human life.” The National Review’s Andy McCarthy claimed she would be a “culture-war agitator.” Republicans have threatened a filibuster against her.

Update Nelson had opposed the use of the filibuster on John Bolton and former Bush EPA adminstrator Stephen Johnson. "Nelson generally opposes the filibuster on nominees, even if he doesn't like the candidate," notes Brian Beutler. It remains to be seen whether he will filibuster Johnsen.


87 Responses to “Ben Nelson to oppose OLC nominee Johnsen because of her ‘outspoken pro-choice views.’”

  1. dbadass says:

    Ya choices suck, we should have far fewer choices in our society…


  2. kasinca says:

    I am not as resident of NE but I sent the good senator an email via his website and told him that we elected president Obama to do what he is doing, not what the wingnuts and reichwingnuts want. He needs to stop the obstuction because the president we elected deserves all the rights and privileges of the office. If he wants to be a republican, he can be defeated next time he runs.


  3. LizCoro says:

    With all due respect to my fellow democrats . .

    Ben Nelson looks like the kind of drunk who keeps a bottle hidden in his desk and slugs down a few when the coast is clear!

    Isn’t Ben Nelson aware that a majority of Americans are PRO-CHOICE!


  4. RUCeriousMaggot! says:

    It is surprising that the folks in Neb would elect any democrat. I guess the DINO is strong in this one…


  5. PatrioticLiberalChristianMantisReligiosa says:

    ANY person who is or has served in Congress that has not sponsored a bill to ban abortion has no standing to criticize those who promote or agree with reproductive choice, especially if that pro-choice stance has nothing to do with the person’s current or nominated position.

    Shorter version: Shut up, Nelson.


  6. herecomestheangst says:

    So the Senator thinks his opinion counts double/triple when a woman goes to see her personal doctor, eh?

    Okay, when the guy needs to have a prostate exam I want the insurance to say ‘No’.


  7. Badmoodman says:

    He believes that the Office of Legal Counsel is a position in which personal views can have an impact

    – - Unlike say, a Senator’s personal view of abortion, eh Senator Nelson?


  8. Marie says:

    When the Dems have DINOs like Nelson, who needs a repug?
    This guy is useless, detrimental to progress, and needs to lose his seat to a real Democrat.


  9. Hoodathunktick says:

    The good Senator believes that religious teachings are more important than the law.

    Maybe he should move to Iran.


  10. bobman124 says:

    im so sick of this guy. who’s his opponent gonna be?


  11. trevinla says:

    “her outspoken pro-choice views on abortion”

    what about her outspoken views against Torture?

    or her outspoken views against Theft?

    or her outspoken views against bribery?

    We need to stop appointing people to the department of Justice who are just going to continue to uphold the constitution!!! We need Gonzo back or we are going to become a nation of laws!!!

    NO MORE MORALs!!!
    NO MORE MORALs!!!
    NO MORE MORALs!!!


  12. Marie says:

    Nelson may not approve of pro-choice — but as of today it is the federal law. He is opposing someone whose views are within existing law.


  13. BearCountry says:

    I guess that he is running scared of the right wingnuts. It seems, however, that anti-choice is not a requirement to be elected in NE because Sibelius was elected more than once.


  14. ralph the wonder locust says:

    Does Nelson realize that abortion is legal in this nation, and that it might be best to have someone in charge of OLC that is willing to uphold that part of the Law as well as all the others?

    Does The Patsy realize it?


  15. tombaker says:

    Maybe Mr. Nelson could choose not to wear that hideous toupee.

    Who does he think he’s fooling with that thing?

    The Good Lord made you bald, Ben – heed his wisdom.


  16. Keith H. says:

    mr. nelson, I hearby instantly transform you into a girl who was just raped and impregnated by her uncle chester the molester.


  17. herecomestheangst says:

    bobman124 Says:

    im so sick of this guy. who’s his opponent gonna be?

    A can of lima beans has more personality, ethics and progressive values.


  18. noseeum says:

    American Patsy Says:
    “Just the good senator a nice check.”

    Typo, Patsy?

    Czech?


  19. ElBruce says:

    It strikes me that they’re overplaying this card…


  20. ucsbclassics53 says:

    “Nelson generally opposes the filibuster on nominees, even if he doesn’t like the candidate, unless the candidate is nominated by a Democratic administration…”

    there fixed it…


  21. Powkat says:

    Grrr – another old white guy assuming he knows better than a woman what she can do with her body. 19th century brains in the 21st century.


  22. Hoodathunktick says:

    To borrow from another poster…belief is not a reason to make laws or decisions. People believe in Santa, UFOs and all sorts of weird azzed crap. Our country isn’t run by God or Allah or Yahweh or Krishna or Amaterasu. It is run by humanitarian concepts dedicated to the principle that all people are created equal.


  23. Xisithrus says:

    Ah yes, the (R) canard that keeps giving and giving that they dont ever want to defeat.


  24. Perry logan says:

    Quick reminder: Pro-lifers are murderers.


  25. drew3rd says:

    Aren’t YOU people supposed to be “openminded”. Ben Nelson, and others who are “conservative” never claim to be “openminded”, therefore they have the right to disagree with your views. You proclaim to be “openminded”, therefore, you HAVE to accept his view. Sorry to point out the truth, but disagreeing with someone is only the realm of the “closeminded”.


  26. hanshiro the antlion says:

    There was a clear, across-the-board, flat rejection of republican positions and ideology in the last two elections.

    Reee-jected.

    Apparently, they’re still determined to pretend they didn’t get the memo…


  27. Game of Life says:

    Say bye-bye benny.


  28. Buckie Boy says:

    I guess this a$shole doesn’t think his personal views are his personal views…

    …DINOs need to voted out.


  29. hanshiro the antlion says:

    24. Hoodathunktick Says: To borrow from another poster…belief is not a reason to make laws or decisions. People believe in Santa, UFOs and all sorts of weird azzed crap.

    I dunno…after Palin, Joe The Unemployed Shill, Ted Stevens, and Glenn Beck, I gotta believe some extra terrestrial pranksters are having a go at our expense…

    Them people cain’t be human.


  30. noseeum says:

    American Patsy Says:
    Just sent the good senator a nice check.

    Yeah, right.


  31. hanshiro the antlion says:

    27. drew3rd Says: Aren’t YOU people supposed to be “openminded”.

    Not with those who refer to us as “you people.”


  32. Hoodathunktick says:

    What planet do you live on drew3rd? Openminded might mean willing to listen but it does not mean agree. This is the whole problem the Republicans are dealing with. The world ain’t black and white, there is no “right’ answer. The only people who 100% agree with everything are brainwashed robots.


  33. Xisithrus says:

    Aren’t YOU people supposed to be “openminded”. Ben Nelson, and others who are “conservative” never claim to be “openminded”, therefore they have the right to disagree with your views. You proclaim to be “openminded”, therefore, you HAVE to accept his view. Sorry to point out the truth, but disagreeing with someone is only the realm of the “closeminded”.

    Quite a stretch. The TRUTH is abortion is not illegal so someone being outspoken on their view really isnt what Mr Nelson should be concerned about be he open or closed minded.


  34. peterjkraus says:

    Why do the Democrats put up with nutcases like Ben Whitehorse Nelson? He’s a Republican through and through, so why not just kick him out of the party and run a real Democrat in his district? It worked with Joe Lieberman, who was no better than Nelson (although it only worked part way, but better a so-called Independent than a false Democrat).


  35. Xisithrus says:

    American Patsy Says:Just sent the good senator a nice check.

    Im sure it pales in comparison to the one he gets from Exxon


  36. ladybastet says:

    drew3rd Says:

    Aren’t YOU people supposed to be “openminded”. Ben Nelson, and others who are “conservative” never claim to be “openminded”, therefore they have the right to disagree with your views. You proclaim to be “openminded”, therefore, you HAVE to accept his view. Sorry to point out the truth, but disagreeing with someone is only the realm of the “closeminded”.

    Being open minded doesn’t mean you are going to agree with someone.


  37. mary lacewing says:

    drew3rd Says:

    You proclaim to be “openminded”, therefore, you HAVE to accept his view.

    Trust a rightie to not know what the term ‘open-minded’ means! Yikes.


  38. Chocolate Jesus says:

    >Just sent the good senator a nice check.

    Just wondering..would you consider a fetus being killed by a bomb dropped from a plane to be an abortion?


  39. Doc Rock says:

    Nelson is no Democrat and deserves to be exposed for the poser he is!


  40. Game of Life says:

    repugs are determined to lead us down the chimpy path.

    We voted for President Obama, not repugs or dems with their poor excuses.


  41. 08Dariana says:

    drew3rd Says:
    “conservative” never claim to be “openminded
    right to disagree with your views.

    Irony at its best.
    Did you just call yourself a ignorant fool?


  42. Hoodathunktick says:

    The strength of America has always been our ability to learn. To listen. It is codified in the Constitution. We do not march in lock step, we do not accept blindly, we ask, we think, we use our brains for something other than a propaganda receiving tank.

    We have survived and flourished because we value the human spirit.


  43. noseeum says:

    Dear Patsy

    Not to have you think I can’t support the loyal opposition, I just sent George Bush a czech for $297,000,000.00.

    Add that to the $3,000,000.00 he has raised on his own, I expect we’ll have a groundbreaking in the next week or so.


  44. shawnfassett says:

    ….and the OLC has WHAT to do with “pro-choice” organizations ???


  45. glogrrl says:

    Ben Nelson to oppose OLC nominee Johnsen because of her ‘outspoken pro-choice views.’

    So?!!!!


  46. noseeum says:

    They’re waiting for your check, Patsy, we’ll assume it’s in the mail.


  47. joe cantwell says:

    :::

    congratulations to scott murphy

    and thanks to to the rnc for all of their help

    in losing a contest where their boy tedisco

    held a double digit lead before they stuck

    their noses in. way to go, mike steele!

    :)))

    :)


  48. BurningFeet says:

    I wrote Nelson and asked if upholding current law was a problem, and if so, why? Then I asked him if he would be singing duets with John Cornyn, my current senatorial cross to bear, and continue to oppose Johnsen’s nomination on specious grounds.


  49. Chocolate Jesus says:

    Heres a shout out to all the jesushumping fetushuggers out there who think its only ok to kill children with bombs dropped from a plane..


  50. KarinJR says:

    From the piece on my blog:

    Ben Nelson’s spokesman says:

    “Senator Nelson is very concerned about the nomination of Dawn Johnsen, based on her previous position as Counsel for NARAL. He believes that the Office of Legal Counsel is a position in which personal views can have an impact and is concerned about her outspoken pro-choice views on abortion.”

    But… abortion is LEGAL. Constitutionally protected, even. Nothing that Johnsen, or even Congress could do would overturn the Supreme Court’s ruling on that.

    So this (Democratic!) Senator’s objection is that Dawn Johnsen, in her role at the Office of Legal Counsel, would be forced to work to… uphold the law? That to his great regret and concern her position is to… strongly support the current legal and constitutional framework?

    Don’t know what their serving in the Senate Cafeteria these days, but it seems to be something kinda nutty.

    HINT: Should you wish to let Senator Nelson know your thoughts, you can reach him at

    Washington, D.C.
    720 Hart Senate Office Building
    United States Senate
    Washington, DC 20510
    Tel: (202) 224-6551
    Fax: (202) 228-0012


  51. Hope says:

    As I have said before, Democrates are a bunch of colorful souls. Although I get pretty angry with them from time to time (because of crap like this) I also realize that the Democrates do not walk “LOCK-STEP” like another party whom’s name escapes me.


  52. gummble-bee-itch says:

    TP, why do you call this guy “centrist”? If this is the “center” of the Democratic party, we have a real problem and if he’s the “center” of the political field than we really are a “center right” nation — which you’ve thoroughly refuted in the past.


  53. delafield says:

    Just what the Democratic Party needs, another Joe Lieberman.


  54. artr2 says:

    The good democrats need to run a progressive democrat against this freekin republican.


  55. Marie says:

    http://bennelson.senate.gov/contact/email.cfm

    Send him a quick email to let him know your opinion.


  56. Zimzone says:

    Patsy wrote a blank czech?

    How about a puzzled czech? Confused czech?

    Oh, I get it! It was a Republican blank czech.


  57. Eugene atrax robustus Debs says:

    American Patsy Says:

    Just the good senator a nice check.
    <<<<<<<<<<<<<<<<<<<<<<<<<<

    Just go pour yourself a nice steaming hot cup of STFU


  58. Tweedster says:

    drew3rd Says:

    Aren’t YOU people supposed to be “openminded”. Ben Nelson, and others who are “conservative” never claim to be “openminded”, therefore they have the right to disagree with your views. You proclaim to be “openminded”, therefore, you HAVE to accept his view. Sorry to point out the truth, but disagreeing with someone is only the realm of the “closeminded”.

    open-minded: receptive to arguments or ideas

    The definition makes no mention of agreement, only that the argument or idea is open to consideration.


  59. Tweedster says:

    American Patsy Says:

    Has anybody heard the latest on the feinstein thingy? Olbermann didn’t happen to have a special comment on the subject,did he? Harmon?

    Submit a post under TP’s guest blogger program!


  60. Eugene atrax robustus Debs says:

    American Patsy Says:

    Has anybody heard the latest on the feinstein thingy? Olbermann didn’t happen to have a special comment on the subject,did he? Harmon?
    <<<<<<<<<<<<<<<<<<<<<<<<<

    Quick, look over there, from the how to be a wingnut troll manual page two, or over there or somewhere there is a Democrat doing something bad that I want to talk about. Bite me you worthless ignorant troll.


  61. Vituperation Toxicity says:

    A footnote equals “outspoken?”


  62. kasinca says:

    All wingnuts should realize that Pro-Choice is the law. Live with it. You cannot demand that someone be against the law.


  63. eyeswideopen1 says:

    Another angry old white guy from the pro-torture party. What a surprise.


  64. teri3157 says:

    Hey, Nelson…why don’t you mind your own “mangina”?


  65. fire _ant_chavis says:

    Ben Nelson, get on the bus or get run over by it! Fake a$$ turncoats need to go.

    ‘concerned about her outspoken pro-choice views on abortion.’

    Abortion is a non-issue because it’s legal idiot! I wonder who has been funding his campaigns? I hope he does not get re-elected.


  66. wiley says:

    IT’S NOT ABOUT ABORTION. It’s about this.

    ACS is pleased to distribute an issue brief by Dawn Johnsen, Professor of Law at the Indiana University School of Law–Bloomington, entitled, All the President’s Lawyers: How to Avoid Another “Torture Opinion” Debacle. In this issue brief, Professor Johnsen examines the inadequacy of external checks on presidential powers, particularly as exercised in a time of war or national emergency. More specifically, she outlines the executive branch legal memoranda severely limiting the definition of torture. Johnsen argues that the danger is not only whether Congress and the courts are maintaining a check on the executive branch, but whether the Office of Legal Counsel (OLC) within the executive branch is acting properly to fulfill its credo of “faithfully executing” the laws to which the President is bound.

    emphasis added.

    I need to find, again, the recommendations for the OLC written by Dawn Johnsen. One positive side effect of scandals is that they usually make it more interesting to learn about departments in government that you otherwise wouldn’t have heard about. In those recommendations, she suggests that the OLC should make their memos public on a regular basis.


  67. fire _ant_chavis says:

    And another thing – what’s up with his hair – is he Rod Blagojevich’s daddy?


  68. ElBruce says:

    Seriously, if they’re going to start opposing everybody for not trying to change the law to say something it doesn’t, then their opposition becomes meaningless. Especially when it’s for positions that don’t have the ability to change that law.

    Oh wait, I forgot R’s believe the OLC can make up whatever law it wants.


  69. nofltwlt says:

    American men such as Ben Nelson are somewhat analogous to men in Saudi Arabia, Afghanistan and Iraq. Ben wants to control the actions/fate of women – Ben is a sad man.


  70. wiley says:

    Oh wait, I forgot R’s believe the OLC can make up whatever law it wants.

    And Dawn Johnsen doesn’t. Hence, the obstructionism.


  71. dzinn1264 says:

    How did this wolf in sheep’s clothing get elected as a Democrat?


  72. kasinca says:

    Senator Nelson couldn’t have an abortion if he wanted one…what is his problem?


  73. upright left says:

    ______
    PatrioticLiberalChristianMantisReligiosa Says:

    ANY person who is or has served in Congress that has not sponsored a bill to ban abortion has no standing to criticize those who promote or agree with reproductive choice, especially if that pro-choice stance has nothing to do with the person’s current or nominated position.

    Shorter version: Shut up, Nelson.

    April 24th, 2009 at 3:38 pm
    ______

    He co-sponsored the partial birth abortion ban and a bill to prevent taking minors across state lines to avoid parental notification about abortion. Does that count? ;)


  74. upright left says:

    ______
    Badmoodman Says:

    He believes that the Office of Legal Counsel is a position in which personal views can have an impact

    - – Unlike say, a Senator’s personal view of abortion, eh Senator Nelson?

    April 24th, 2009 at 3:39 pm
    ______

    He was elected by the people of Nebraska to give his opinion on things like abortion and who should lead the OLC. ;)


  75. upright left says:

    ______
    kasinca Says:
    ——————————————————————————–

    Senator Nelson couldn’t have an abortion if he wanted one…what is his problem?

    April 24th, 2009 at 9:39 pm
    ______

    I don’t believe he ever served in the military or had a farm. Is he unable to give an opinion on those issues as well?


  76. ElBruce says:

    dzinn1264 Says:

    How did this wolf in sheep’s clothing get elected as a Democrat?

    Well, he may be an eedjit, but the (D) next to his name puts +1 on our side, which extends the majority. So that’s good. If he wants to marginalize himself by siding with the shrinking minority though, I guess that’s his choice, as well as the choice of the flattest, squarest state in the nation (although somebody should tell them they don’t have to act like that too).


  77. Robt says:

    Senator Nelson is my Senator. This is very troubling to me.

    I had some choice words for Nelson when he abetted Alito and Roberts.

    Alito doesn’t belong in the U.S. Supreme Court. He didn’t belong in the lower court he was in. But he got placed their by the GOP. Just for the moment when they need a nominee.

    He is under pressure by the Crimson red Newt/ Beck republicans here.

    They are all ove Nelson over EFCA as well. He’s caving.

    The thing is, Nelson introduced Obama during the campaign stop in Omaha. Remember, Omaha provided Obama one of the 5 state presidential electorials. It upset the republicans so much that they are still whining about changing the state electoral to winner take all that it will prevent such an embarassment in the future by an electoral vote going to a Democratic candidate.

    Yes I will also write Nelson. I have done so many times.
    I realize he does not bear the name of Republican here. The Nebraskan GOP natives have their marching orders from Rush, Beck and Hannity. It won’t be a Democratic primary challenger Nelson will ever have to face. It will be a republican in the general that he may lose to in the future.


  78. CruzBustamove says:

    Never trust a man who wears a toupee.


  79. Rodeskawler says:

    Kinda sucks when we are led to believe there are actually two different parties don’t it?

    Campaign finance and lobbyist reform after prosecutions for war crimes. Once the real reform is achieved, healthcare reform will be easy, since the bribes will be taken out of the picture.


  80. 4httr says:

    Ben Nelson is a “Zell Miller”, Democrat. Like Zell, he needs to pander to the electorate of his state who prefer their Democrats to be…….Republican.


  81. just the facts says:

    Abortion is the law of the land so no one is allowed to speak against it? Then why do so many of you left wing ideologists speak against the 2nd Amendment of the Constitution? Because you are hypocrites, perhaps?


  82. kasinca says:

    just the facts Says:
    ——————————————————————————–

    Abortion is the law of the land so no one is allowed to speak against it? Then why do so many of you left wing ideologists speak against the 2nd Amendment of the Constitution? Because you are hypocrites, perhaps?
    =======================================================

    I have never heard anyone speak against the second amendment. The closest thing to that would be passing a law that gangs cannot buy attack weapons (AK47 and M16s) at gun shows and that is supported by police. Most everyone owns guns. As to your off subject question. It is not about abortion, it is about the president appointing a law professor to be his head of the Office of Legal Counsel. Wingnuts are trying to force their illegal beliefs onto those of us who recognize that freedom of choice is the law, it should not even be a consideration for the wingnuts on the reichwing.

    Let me remind all of you that we elected president Obama. He was elected to do what he told us he would do. You losers need to accept your defeat and sit down and shut up. That goes for Senator Nelson as well.


  83. Bilbo Hussein Baggins says:

    It will be a great day for this country when Ben Nelson is no longer a member of Congress. When is he up for election next?


  84. just the facts says:

    You have never heard anyone speak against the 2nd Amendment? Please! You are correct in saying the majority of the people own a gun, and they support the right to own one for defense as provided for by the 2nd Amendment. However, there are many on the radical left who have called for the outright ban on ownership, including Dianne Feinstein. Also, you will not find an M16 at any gun show, nor will you find any automatic version of the AK47. Calling the semi automatic weapons that are available legally in this country “attack weapons” is just another way to demonize them in an attempt to further infringe on the 2nd Amendment. There are police that support the gun show ban and those that do not. You chose not to mention not everyone supports that ban.
    You called my question off subject, but I was responding to those who bashed the right (and those on the left with the moral fortitude to do so) for daring to speak out against abortion. There are posts here that have done just that, bashed anyone who does not agree. As far as Obama appointing her to be the Justice Department’s Office of Legal Counsel, it appears that those raising objections were trying to point out her personal prejudices, which may preclude her from being unbiased in making decisions. For you to tell us (me) to sit down and shut up because Obama won the election, I don’t think so. This is still the USA, for a while at least, and I, along with others who disagree with you, and the rest of the left wing sheep, have the right to speak our opinions. Are you telling me that you did not voice an opinion contrary to Bush’s ideas or appointments when he was in office?


  85. kasinca says:

    just the factjust the facts Says: s Says:

    You call us left wing sheep while you reichwingnuts who get your information from flunked out, drug addled, gas bags on the radio spew ignorance and false information. Diane Feinstein was one of my senators the past few years. Please provide a link for your accusation. The call for bans on guns is for assault weapons that are being purchased without permits. It is only a problem in cities like NYC and LA, etc. Nobody has ever called for the ban of weapons completely. That is a lie put out by the NRA and the wingnuts on the AM dial and FAUX NOISE. I will stand corrected when you provide the link to prove your accusation.

    The point is still that Senator Nelson is filibustering an appointment to the OLC for a reason that is completely bogus. Freedom of choice is the law. The fact he disagrees has nothing to do with this appointment. This is the same office that rewrote the law for Bush so he could torture. This appointment questioned that and the wingnuts are afraid she will go after them and she should.


  86. upright left says:

    ______
    kasinca Says:

    Let me remind all of you that we elected president Obama. He was elected to do what he told us he would do. You losers need to accept your defeat and sit down and shut up. That goes for Senator Nelson as well.

    April 25th, 2009 at 1:35 pm
    ______

    Some of us voted for Obama hoping that Congress would moderate some of his policies.

    As for those who voted for the loser, do you sit down and shut up when your candidate loses? ;)




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