The controversy over the secret hold on S. 2590, Senator Tom Coburn’s bill creating a federal spending database on the Internet, continues to grow – as does the scrutiny of this secret practice of the upper chamber. The Sacramento Bee castigates the anonymous senator for his/her anonymous action in spiking the legislation, and the Senate as a whole for allowing it to happen:

Who would block legislation promoting more openness in government, especially when it has strong bipartisan support? At the moment it's an unnamed U.S. senator who, some watchdog groups believe, has a hidden agenda. Whatever that agenda may be, the tactic tarnishes the integrity of an institution that needs to update itself.

The senatorial hold is an arcane custom so secret it's not even part of the Senate rules. It allows any senator to delay legislation, or a presidential appointment, indefinitely. And it can be done secretly, although often the perpetrator's identity is known. If holds have sometimes stopped something bad from happening, more often they serve a single lawmaker's agenda while obstructing the public's business.

A bill sponsored by Republican Tom Coburn of Oklahoma and Democrat Barack Obama of Illinois would create a database that anyone could tap into to find out who wins government contracts, grants and loans for how much and on what terms. That process last year consumed $2.5 trillion of taxpayer funds. The bill sailed through the Senate Homeland Security Committee by voice vote and seemed headed for passage. But then came the hold, whose motive remains unclear.

The motivation seems pretty clear: someone feels threatened by the public accountability S. 2590 will bring to the appropriations process. This action holds out the possibility that opponents of open government can run out the clock on S. 2590, forcing Senators Coburn and Barack Obama to re-introduce it next year, forcing reformers back to the starting gate. It’s an attempt to tire out the proponents of clean government and budgetary discipline and to protect the powerful political tool of government appropriations.

Secret holds are an affront to open government, and perhaps they should be the next target of reformers. Some senators have attempted to defend the practice by relating anecdotes about midnight lawmaking and the ability of the hold to delay votes until proper oversight can be exercised on the process. However, that argument fails on the commonsense question: why must the hold be secret? If holds preserve due process and open government, then one would think that a senator would not feel the need to hide his or her identity. In fact, the secret hold only perpetuates the appearance – and most likely the reality – of closed-room deal-making and star-chamber legislation.