U.S. Senator
Following Ford's defeat, Warner began to consider political office for himself. He entered politics in the 1978 Virginia election for the U.S. Senate. Despite the publicity of being Elizabeth Taylor's husband and the large amounts of money Warner used in his campaign for the nomination, he finished second at the state Republican Party (GOP) convention to the far more conservative politician Richard D. Obenshain. Much of this loss was due to his perceived liberal political stances, especially his soft approach to U.S.-Soviet relations. In contrast, Obenshain was a noted anti-Soviet, a hardline anti-communist, and an opponent of other liberal policies including the Great Society and much of the Civil Rights Movement. However, when Obenshain died two months later in a plane crash, Warner was chosen to replace him and narrowly won the general election over Democrat Andrew P. Miller, a former Attorney General of Virginia. He was in the Senate until January 3, 2009. Despite his less conservative policy stances, Warner managed to be the second longest-serving senator in Virginia's history, behind only Harry F. Byrd Sr. and by far the longest-serving Republican Senator from the state. On August 31, 2007, Warner announced that he would not seek re-election in 2008.
His committee memberships included the Environment and Public Works Committee, the Senate Committee on Health, Education, Labor, and Pensions, and the Senate Select Committee on Intelligence. As the chairman of the Senate Armed Services Committee, he protected and increased the flow of billions of dollars into the Virginia economy each year via the state's military installations and shipbuilding firms which served his reelection efforts in every cycle.
Warner was quite moderate, especially in comparison to most Republican Senators from the South. He was among the minority of Republicans to support some gun control laws. He voted for the Brady Bill and, in 1999, was one of only five Republicans to vote to close the so-called gun show loophole. While Warner voted against the 1994 Assault Weapons Ban, he co-sponsored efforts by Sen. Dianne Feinstein to reauthorize the ban in 2004 and 2005.
Warner supported the Roe v. Wade decision establishing abortion rights and supported embryonic stem cell research, although he received high ratings from anti-abortion groups because he voted in favor of many abortion restrictions. On June 15, 2004, Warner was among the minority of his party to vote to expand hate crime laws to include sexual orientation as a protected category. He supported a constitutional amendment banning same-sex marriage, but he raised concerns about the most recent Federal Marriage Amendment as being too restrictive, as it would have potentially banned civil unions as well.
In 1987, Warner was one of the six Republicans who voted to reject the nomination of Robert Bork by President Ronald Reagan and the only Southern Republican to do so. Warner was re-elected easily in 1984 and 1990, and faced his first real challenge for re-election in 1996 from political newcomer Democrat Mark Warner (no relation), a millionaire who vastly outspent the incumbent and produced an unusually close election. John Warner prevailed with 52% of the vote.
According to George Stephanopoulos, a former close aide to President Bill Clinton, Warner was among top choices to replace Les Aspin as the Secretary of Defense in the Clinton administration; Clinton ultimately selected William Perry.
In the 1996 presidential election, Warner served as a Senate teller (along with Democrat Wendell H. Ford) of electoral votes. Warner was among 10 GOP Senators who voted against the charge of perjury during Clinton's impeachment (the others were Richard Shelby of Alabama, Ted Stevens of Alaska, Susan Collins of Maine, Olympia Snowe of Maine, John Chafee of Rhode Island, Arlen Specter of Pennsylvania, Jim Jeffords of Vermont, Slade Gorton of Washington, and Fred Thompson of Tennessee). Warner and others who voted against the article angered many Republicans by their position. However, unlike Snowe, Collins, Specter, Jeffords, and Chafee, the rest of the Republicans voted guilty on the second article.
As was the case in 1990, Warner faced no Democratic opposition in 2002, winning re-election to a fifth term in the Senate by a landslide over Independent candidate Jacob Hornberger.
On May 23, 2005, Warner was one of 14 centrist senators, dubbed the "Gang of 14," to forge a compromise on the Democrats' proposed use of the judicial filibuster, thus blocking the Republican leadership's attempt to implement the so-called nuclear option. Under the agreement, the Democrats would retain the power to filibuster a Bush judicial nominee only in an "extraordinary circumstance", and three Bush appellate court nominees, Janice Rogers Brown, Priscilla Owen, and William H. Pryor, Jr., would receive a vote by the full Senate.
On September 17, 2006, Warner said that U.S. military and intelligence personnel in future wars will suffer for abuses committed in 2006 by the U.S. in the name of fighting terrorism. He feared that the administration's civilian lawyers and a president who never saw combat were putting U.S. service personnel at risk of torture, summary executions and other atrocities by chipping away at Geneva Conventions' standards that have protected them since 1949. Following the Supreme Court ruling on Hamdan v. Rumsfeld, which was adverse to the Bush Administration, Warner (with Senators Lindsey Graham and John McCain) negotiated with the White House the language of the Military Commissions Act of 2006, suspending habeas corpus provisions for anyone deemed by the Executive Branch an "unlawful combatant" and barring them from challenging their detentions in court. Warner's vote gave a retroactive, nine-year immunity to U.S. officials who authorized, ordered, or committed acts of torture and abuse, permitting the use of statements obtained through torture to be used in military tribunals so long as the abuse took place by December 30, 2005.
Warner's "compromise" (approved by a Republican majority) authorized the President to establish permissible interrogation methods and to "interpret the meaning and application" of international Geneva Convention standards, so long as the coercion falls short of "serious" bodily or psychological injury. Warner maintained that the new law holds true to "core principles" that the U.S. provide fair trials and not be seen as undermining Geneva Conventions. The bill was signed into law on October 17, 2006, in Warner's presence.
In March 2007, after Chairman of the Joint Chiefs Peter Pace spoke publicly about his views on homosexuality and the military, Warner said, "I respectfully, but strongly, disagree with the chairman's view that homosexuality is immoral."
On August 23, 2007, he called on President Bush to begin bringing U.S. troops home from Iraq by Christmas in order to make it clear to the Iraqi leadership that the U.S. commitment is not indefinite.
On August 31, 2007, he announced that he would not seek a sixth term in the Senate in 2008.
Warner was a cosponsor of America's Climate Security Act of 2007, also more commonly referred to as the Cap and Trade Bill, that proposed to ration (cap) carbon emissions in the U.S., and tax or purchase (trade) Carbon credits on the global market for greater U.S. alignment with the Kyoto Protocol standards and goals.
In September 2008, Warner joined the Gang of 20, a bipartisan coalition seeking comprehensive energy reform. The group pushed for a bill that would encourage state-by-state decisions on offshore drilling and authorize billions of dollars for conservation and alternative energy.
In October 2008, Warner voted in favor of the Emergency Economic Stabilization Act of 2008.