Is there a 51st anti-Betsy DeVos vote? Democrats hold talkathon in hopes of finding one

WASHINGTON -- U.S. Senate Democrats, hoping in part to find just one vote that would kill Betsy DeVos's confirmation as education secretary, are talking through the afternoon and night in a mock filibuster. The tactic won't change the schedule, with DeVos...

Is there a 51st anti-Betsy DeVos vote? Democrats hold talkathon in hopes of finding one

WASHINGTON -- U.S. Senate Democrats, hoping in part to find just one vote that would kill Betsy DeVos's confirmation as education secretary, are talking through the afternoon and night in a mock filibuster.

The tactic won't change the schedule, with DeVos up for a vote Tuesday afternoon. Still, more Democratic talkathons are likely throughout the week -- with the message spreading through Twitter and a hashtag #holdthefloor -- as the Senate moves on to other confirmation votes for members of President Donald Trump's Cabinet.

The tactic is partly a protest to make Republicans wait out the full time required under Senate rules before any nominee can be confirmed. Look for additional sessions like this later this week, starting with one on attorney general-nominee Jeff Sessions, said U.S. Sen. Sherrod Brown's office. 

The talking started around noon Monday, when lawmakers were trickling back into town after a weekend at home. It has not interfered with Senate business so far, and nothing would otherwise happens in the middle of the night anyway. Democrats say they will stop yakking at noon Tuesday, when their time on DeVos runs out.

But they say if they can get just one more Republican to vote "no," in addition to those planned already by GOP Sens. Lisa Murkowski of Alaska and Susan Collins of Maine, their protest will be worthwhile. Right now, it appears as if the vote will be 50 for confirmation and 50 against, so Vice President Mike Pence can break the tie for a White House win.

WATCH: Senate Democrats #HoldTheFloor for 24 Hours Ahead of Betsy DeVos Votehttps://t.co/81Vcchmb8y

-- Colorlines.com (@Colorlines) February 6, 2017

DeVos is a wealthy Michigan supporter of charter schools whose nomination has triggered more public protest than any of his other Cabinet picks.

Her answers to senators' questions raised enough doubts about her knowledge of federal education policy and laws that Murkowski and Collins announced they could not support her. Ohio teachers, activists and supporters have jammed phone lines to urge Sen. Rob Portman, an Ohio Republican, to join Murkowski and Collins, but Portman says he'll vote to confirm DeVos.

He said he is persuaded she will support public schools while working to give more control to local districts and away from Washington.

Ohio's Portman under the gun over DeVos vote

Brown, a Democrat, plans to vote no. He is scheduled to speak around 10:30 a.m. Tuesday.

Brown has cited among his reasons for opposing DeVos a $5.3 million fine and fees owed in Ohio by a school-choice organization led by DeVos, the result of an election law violation. DeVos says she does not personally owe the money.

Brown and others have also questioned whether DeVos understands the federal law on accommodating students with disabilities. DeVos also has said that guns may be necessary in some schools to protect against grizzly bears.

The bigger concern about DeVos, though, is her extensive support for charter schools, including those run by private companies that have diverted taxpayer money while failing to educate students. Since the money comes from funds that would otherwise go to public schools, critics say they fear the real intent is not only to give students more choice but also to weaken public education while making a profit. 

Thanks to @ChrisCoons for your no vote! #holdthefloor #DumpDevos pic.twitter.com/JoqxJuS8SC

-- Alt Dept of ED (@Alt_DeptofED) February 6, 2017

Under Senate rules, 30 hours of debate are allowed once certain procedural votes are held on nominees. The clock on DeVos's confirmation started last week but senators from both parties agreed to stop it for the weekend. If Republicans wanted, they could make a motion to end sooner and try to move up the vote. But with their mock filibuster, Democrats are making such a motion impossible, signaling to Republicans and the public that while Democrats lack a majority and therefore have limited ways to block, they're in no rush.

Once the final vote of DeVos is held Tuesday, new votes and 30-hour spans will kick in, first for Sessions, Trump's nominee for attorney general. Another quasi-filibuster is planned.

There will be subsequent ones as confirmation votes come up for Tom Price, the nominee for secretary of health and human services and Steve Mnuchin, the treasury secretary nominee, Brown's office said.

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