Army, Marines Both Lack Confirmed Leaders for the First Time Amid Impasse Over Pentagon’s Abortion Policy

Both the U.S. Army and the U.S. Marine Corps now lack senate-confirmed chiefs of staff as Sen. Tommy Tuberville (R-Ala.) continues to delay the process for confirming military nominees.
Army, Marines Both Lack Confirmed Leaders for the First Time Amid Impasse Over Pentagon’s Abortion Policy
Army Chief of Staff Gen. James McConville testifies before the Senate Armed Services Committee in the Dirksen Senate Office Building on Capitol Hill Dec. 3, 2019 in Washington. (Chip Somodevilla/Getty Images)
Ryan Morgan
8/4/2023
Updated:
8/5/2023
0:00

U.S. Army Chief of Staff Gen. James McConville retired on Friday, opening the second vacancy on the U.S. military’s Joint Chiefs of Staff as Sen. Tommy Tuberville (R-Ala.) continues to delay the process for confirming military nominees.

The general relinquished his command as the top U.S. Army officer at a ceremony at Joint Base Myer-Henderson Hall, Virginia. With Mr. McConville’s retirement, both the U.S. Army and the U.S. Marine Corps now lack senate-confirmed chiefs of staff.

President Joe Biden has nominated Army Gen. Randy A. George to replace Mr. McConville as the Army Chief of Staff, but he can only do so in an acting capacity at this time.

For months, Mr. Tuberville has kept up a hold that has prevented the Senate from confirming large batches of military nominees through the unanimous consent process. The Alabama Republican has kept up the hold in opposition to a Department of Defense (DOD) policy that funds travel and leave for military service members who elect to get an abortion.

Current federal laws codified under the Hyde Amendment prohibit federal funds from going toward abortions, except in cases where a pregnancy threatens the life of the mother or a pregnancy comes about as a result of rape or incest.

The DOD contends that its policy of supporting abortion-related travel is distinct enough to skirt the Hyde Amendment rules, but Mr. Tuberville insists otherwise and has vowed to maintain his hold until the DOD retracts the policy or Congress acts to change the laws.

Gen. George is one of hundreds of military officials awaiting Senate confirmations amid the impasse. Last month, U.S. Marine Corps Commandant Gen. David H. Berger retired, making the Marine Corps the first U.S. military branch without a senate-confirmed chief of staff since Mr. Tuberville placed his hold.

At Mr. McConville’s retirement and command relinquishment ceremony on Friday, Defense Secretary Lloyd Austin alluded to the delays in the military nomination process.

“301 nominations for our general and flag officers are being held up,” Mr. Austin said during the ceremony.

“So let me be clear, in our dangerous world the security of the United States demands orderly and prompt transitions of our confirmed military leaders. Great teams need great leaders and that’s central to maintaining the full might of the most lethal fighting force on Earth.”

Mr. Austin said the delay in the confirmation process harms the military’s readiness, and negatively impacts the lives of military family members.

“I’m confident that we'll get this fixed and I’m confident that we can all agree on our deeply American duty to stand for those who choose to wear the cloth of our nation and I am confident that the United States Senate will meet its responsibilities and swiftly confirm our 41st Chief of Staff of the Army,” the Pentagon chief added.

U.S. Secretary of Defense Lloyd Austin attends a press conference at Queensland Government House in Brisbane, Australia on July 29, 2023. (Pat Hoelscher/AFP via Getty Images)
U.S. Secretary of Defense Lloyd Austin attends a press conference at Queensland Government House in Brisbane, Australia on July 29, 2023. (Pat Hoelscher/AFP via Getty Images)
While Mr. Tuberville’s hold on the nomination process prevents large-batch confirmations of military nominees, the Senate can still confirm nominees through its normal procedural rules, but this makes for a slower process.

Tuberville Sticks to Military Holds

President Joe Biden has repeatedly criticized Mr. Tuberville for slowing the nominations process. While addressing North Atlantic Treaty Organization (NATO) allies at a July 14 press conference in Finland, Mr. Biden accused Mr. Tuberville is “jeopardizing U.S. security.”

When a reporter at the NATO press conference asked if he‘d be willing to speak with Mr. Tuberville to find a compromise, Mr. Biden replied, “I’d be willing to talk to him if I thought there’s any possibility he was changing this ridiculous position he has.”

Mr. Tuberville pushed back on those remarks from the president stating, “Does that sound like anybody that wants to get anything done?”

The Alabama Republican noted he had been warning the DOD against its abortion policy for months before it was formally announced and continued to criticize it for months still before high-level military vacancies began to emerge.

Sen. Tommy Tuberville (R-Ala.) in Washington on June 7, 2021. (Wang Zhen/The Epoch Times)
Sen. Tommy Tuberville (R-Ala.) in Washington on June 7, 2021. (Wang Zhen/The Epoch Times)
“We’ve got a White House and a Pentagon that is trying to legislate their own laws, and we’re not gonna allow them to do that,” Mr. Tuberville told Breitbart at the time. “Now they’re going to change it with a memo? That’s not going to happen, and I told him that.”

Mr. Tuberville disclosed speaking briefly with Mr. Austin in July and expressed openness to continued talks, but no breakthrough has come about in the ensuing weeks.

The showdown has divided military veterans. VoteVets, a self-described politically progressive organization that’s “backed by over 1.5 million Veterans, military family members and their supporters” has bought air time for an ad campaign accusing Mr. Tuberville of “playing political games with our national security.” Separately, a group of 5,000 veterans signed onto a letter publicly backing Mr. Tuberville’s opposition to the DOD abortion travel policy.
Potentially further escalating the political drama, the Biden administration decided this week to reverse a decision by former President Donald Trump that would have relocated the U.S. Space Command (SPACECOM) to Mr. Tuberville’s state. Instead, the Biden administration decided to keep SPACECOM headquarters in Colorado, frustrating Mr. Tuberville and other Alabama lawmakers.