Appalled that there might be a member of the Labor Relations Board actually sympathetic to the interests of labor, Senate Republicans (along with frequent honorary Republican Ben Nelson) filibustered nominee Craig Becker despite his majority support. Given that this is part of a general pattern of the Republican minority blocking Obama's appointees, some Democrats have appropriately suggested that Obama use his recess appointment powers to actually fill important government positions. As Sandy Levinson points out, this possibility generated a highly instructive reaction from Orrin Hatch:
“I sincerely hope the White House does not circumvent the will of the Senate by appointing him when the Senate is out of session,” Senator Orrin Hatch, Republican of Utah, said.
Leaving aside the fact that the will of the majority of the Senate is that Becker be confirmed, this is a good illustration of the game Senate Republicans are playing. The GOP minority gets to use any procedure that can obstruct the functioning of government regardless of how they've traditionally been used, but Democrats are required to follow historical norms of politesse rather than the rules.
Hopefully, Obama will realize that unilateral disarmament is for suckers and use his recess appointment powers extensively. The president should be able to fill out his administration, and recess appointments are a perfectly legitimate way of dealing with a Senate minority that won't permit it.
--Scott Lemieux
