Fox News personalities claimed that a new rule change by Democrats in the Senate is hypocritical because both parties have obstructed when in the minority, ignoring the historically high level of GOP obstruction of President Obama's executive and judicial nominees.
On November 21, Democrats changed Senate rules so that "judicial and executive branch nominees no longer need to clear a 60-vote threshold to reach the Senate floor and get an up-or-down vote."
During a November 21 broadcast of Fox News' America's News HQ, co-host Alisyn Camerota asked Geraldo Rivera whether GOP gridlock was to blame for Democrats moving to change Senate rules. Rivera responded, "You know, I wish we could pull up some of the newscasts from eight years ago during the Bush Administration and you would hear the same thing. ... This is a game that they have played historically since the third president--since Thomas Jefferson":
During a press conference on the rule change, Fox White House Correspondent Ed Henry questioned Deputy Press Secretary Josh Earnest about whether Obama was being obstructionist because in 2005 he said he would block Bush nominees because he wanted Bush to fix guidelines on lead paint. Henry asked, "wasn't that obstruction?":
But Fox' false equivalency ignores the fact that recent GOP obstruction is unprecedented. Fox personalities ignored the GOP filibustering of Obama's judicial nominees who have been described as highly-qualified, non-controversial, and diverse.
The Washington Post's Greg Sargent explained that GOP obstruction was "the highest that's ever been recorded" during the last Congressional session. People For The American Way (PFAW) pointed out the "unprecedented" level of obstruction in a chart of cloture votes on executive nominees:
In fact, comparing Bush administration nominees to Obama's shows that the GOP is far more obstructionist today than Democrats were during the Bush presidency, with regard to the percentage of nominees confirmed and the amount of time nominees wait until confirmation vote. Right-Wing Watch, a project of PFAW, published several more charts illustrating these points: