November 5, 2024
The chief of naval operations retired on Monday without a confirmed successor, which marks the first time three service branches are without a Senate-confirmed leader at the same time.

The chief of naval operations retired on Monday without a confirmed successor, which marks the first time three service branches are without a Senate-confirmed leader at the same time.

Adm. Mike Gilday completed his four-year tenure as the CNO on Monday during a relinquishment-of-office ceremony, and the vice chief of naval operations, Adm. Lisa Franchetti, whom President Joe Biden nominated to fill the vacancy, will assume the role in an acting capacity.

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Gilday is the third military chief to leave his position in recent weeks without a Senate-confirmed successor due to Sen. Tommy Tuberville (R-AL), who has prevented the Senate from voting its normal way, unanimous consent, over his opposition to the department’s abortion policies. The Army and Marine Corps recently underwent such transitions.

Michael Gilday
Michael Gilday arrives for a Senate Armed Services Committee hearing on Capitol Hill in Washington, Wednesday, July 31, 2019.
(AP Photo/Andrew Harnik))

“More than 300 nominations for our outstanding general and flag officers are now being held up in the United States Senate,” Secretary of Defense Lloyd Austin said at the ceremony. “That includes our top uniformed leaders — and our next chief of naval operations. Because of this blanket hold, starting today, for the first time in the history of the Department of Defense, three of our military services are operating without Senate-confirmed leaders.”

“This is unprecedented. It is unnecessary. And it is unsafe,” the secretary added, later noting, “This sweeping hold is undermining America’s military readiness. It’s hindering our ability to retain our very best officers. And it’s upending the lives of far too many American military families.”

Following the Supreme Court’s reversal of Roe v. Wade and the passage of restrictive abortion laws in conservative states, the department announced it would reimburse the travel expenses incurred should a service member or dependent have to travel out of state for such a procedure. The policy also includes some fertility treatments. Several of the department’s biggest bases are in states with limited abortion access.

Under federal law, the government is not allowed to fund abortions, and military facilities may only conduct them in situations of rape or incest or if the mother’s life is at risk.

Tuberville is preventing the Senate from passing nominations and promotions in batches via unanimous consent, the standard way of doing it. While Senate Majority Leader Chuck Schumer (D-NY) could bring the individual nominations to a solitary vote, he has shown no desire to do so.

Last month, he said, “This is the responsibility of the Republican Senate Caucus. Leader McConnell has condemned what Tuberville has done. Deputy Leader Thune has condemned it. It’s up to them.”

The Alabama senator is not alone in his party in criticizing the department’s policy, though there have been some within the GOP who have criticized his decision to hold up nominations as a way to make that protest.

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This wall in the Pentagon shows the photos of the Senate-confirmed leaders of the Joint Chiefs of Staff. Due to Sen. Tommy Tuberville’s hold on nominations, three positions — the heads of the Army, Navy, and Marines — remain unfilled.
Mike Brest

Gen. James McConville, the former chief of staff of the Army, and Gen. David Berger, the former Marine commandant, stepped down from their positions, leaving their deputies to fill the role in an acting capacity because Biden’s nominations, Gen. Randy George, vice chief of staff of the Army, and Gen. Eric Smith, the assistant commandant, have yet to be confirmed.

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Biden also nominated the Air Force chief of staff, Gen. Charles Q. Brown, to be the next chairman of the Joint Chiefs of Staff. The current chairman, Gen. Mark Milley, will step down next month, while Brown’s promotion will leave a vacancy atop the Air Force.

Neither Tuberville nor Austin has demonstrated a willingness to compromise on this matter.

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