U.S. Marines without confirmed leader due to Republican senator's abortion opposition

The U.S. Marine Corps is without a confirmed leader for the first time in a century after Gen. David Berger stepped down as commandant on Monday and a Republican senator is blocking approval of his successor.

Berger took over as the 38th commandant in July 2019, and is required to leave the job after four years. Gen. Eric Smith, currently the assistant commandant, has been nominated to be the next leader, but will serve in an acting capacity because he hasn't been confirmed by the Senate.

Under the law, Smith can serve as the acting commandant, but he can do nothing that would presume confirmation. As a result, he can't move into the main residence or the commandant's office, or issue any new formal commandant's planning guidance, which is traditional for a new leader. He has the authority to implement new policies such as budget, training and other personnel decisions.

Smith's promotion delay is the first of what could be many top-level military officers held up by Republican Sen. Tommy Tuberville of Alabama.

Tuberville has stalled all nominations for senior military jobs because he disagrees with Defence Secretary Lloyd Austin's decision to have the Defence Department pay for travel when a service member has to go out of state to get an abortion or other reproductive care.

Alabama is one of the states where abortion is now illegal after last year's momentous Supreme Court ruling.

Other major appointments due in coming weeks

Typically, dozens or hundreds of military nominations are confirmed through unanimous consent in the Senate. But Tuberville's stance theoretically could mean that an individual vote would be necessary for each and every candidate.

Sabrina Singh, a Pentagon spokesperson, said Monday that as of last Friday, there were 265 senior officers whose promotions have been held up by Tuberville, and that number could leap to 650 by the end of the year if the issue isn't corrected. She noted that in more than 100 cases, officers — like Smith — would be forced to do two jobs at the same time because no one can move up.

She said the Pentagon is asking officers to delay planned retirements and stay on, while in other cases officers are doing more senior-ranking jobs without getting the pay for that new rank.

Because of Berger's requirement to step down in July, the Marine job is the first of the military chiefs to be affected by Tuberville. The Army, Navy and Air Force are all expected to face the same delay later this year, as could the nomination of the next chairman of the Joint Chiefs of Staff.

The current chairman, Army Gen. Mark Milley, leaves his job at the end of September. Gen. CQ Brown, the current chief of the Air Force, has been nominated to replace Milley. Brown was appearing before the Senate's armed services committee for a hearing on Tuesday.

Senate Democrat blasts Tuberville

Democrat Jack Reed, chair of that committee, spoke on the Senate floor on Monday, asking that Smith be confirmed and criticizing Tuberville for what he called an unprecedented hold that is driving the U.S. military "to a potential breaking point."

"In General Smith we have a Purple Heart recipient — this man has literally shed his blood for his country," said Reed, who attended the Marine ceremony. "He stands ready to continue his service to our nation and the Marines he will lead for four more years. He simply awaits our action."

Smith, a career infantry officer, is a highly decorated Marine who served multiple tours in Afghanistan and Iraq, including time in Fallujah and Ramadi during heavy combat in 2004 and 2005 in Operation Iraq Freedom. He later was the senior military adviser to Defence Secretary Ash Carter.

The hold is also impacting scores of one-, two- and three-star officers who are assigned to new commands but can't move on. It also affects their families, who usually relocate over the summer to their new military communities so school-age children can settle in before fall.

"Smooth and timely transitions of confirmed leadership are central to the defence of the United States and to the full strength of the most powerful fighting force in history," said Austin. "Stable and orderly leadership transitions are also vital to maintaining our unmatched network of allies and partners. And they're crucial for our military readiness."

Tuberville said Monday there was "little doubt about Gen. Smith's ability to lead effectively," but held to his position.