2016 Postmortem
Related: About this forumDemocrats Can Thank Five Republican Judges For Making Filibuster Reform Possible
Democrats Can Thank Five Republican Judges For Making Filibuster Reform Possible
According to an e-mail from Sen. Harry Reids (D-NV) office, the Majority Leader just filed cloture on seven of President Obamas nominees, including several nominees to jobs Senate Republicans have promised to allow no one to be confirmed to no matter who the president nominates. Cloture is the Senates procedure to break a filibuster, and since Republicans are widely expected not to provide the votes necessary to break their own filibusters on these nominees, Reids filing sets up a process that will allow Senate Democrats to change the Senates rules with just 51 votes.
The seven nominees are Richard Cordray lead the Consumer Financial Protection Bureau, Fred Hochberg to chair the Export-Import Bank, Gina McCarthy to be EPA Administrator, Tom Perez to be Secretary of Labor and three Democratic nominees to the National Labor Relations Board: Richard Griffin, Sharon Block, Mark Gaston Pearce.
Reid says he has the 51 votes necessary to end obstruction of nominees who enjoy majority support in the Senate. Ironically, if Reid succeeds, he will owe much of his success to five Republican judges who forced this issue upon the Senate. Five Republicans on the United States Court of Appeals joined two decisions holding that President Obama did not have the power to make several recess appointments to the NLRB, despite the fact that these decisions cannot be squared with prior court decisions or precedent. If these Republican judges decisions were upheld by the Supreme Court, it would effectively shut down the NLRB and render much of American labor law inoperative. Simply put, an inactive NLRB is an existential threat to the union movement.
This threat left Senate Democrats with no choice but to move forward with rules reform in order to prevent a joint effort by Republican senators and Republican judges from effectively repealing a network of important pro-worker laws created during the Roosevelt Administration. Thus, the decision by five Republican judges to lash out at President Obamas actions will have the unintended result of increasing Obamas ability to govern. Other Republican judges may want to bear that in mind the next time they consider a similar maneuver.
http://thinkprogress.org/justice/2013/07/11/2289611/democrats-can-thank-five-republican-judges-for-making-filibuster-reform-possible/
Just Saying
(1,799 posts)Is that some good news I see?
It's been awhile so I almost didn't recognize it.
Cha
(297,323 posts)Mahalo Tx!
jenmito
(37,326 posts)Nancy Waterman
(6,407 posts)They have been paralyzed for years. Well done if they go through with it.
Cal33
(7,018 posts)almost given up on him.
davidpdx
(22,000 posts)I'm not holding my breath. By my count that would mean both Feinstein and Boxer flipped from being on the fence to supporting it along with possibly Leahy.
The three nos must be blue dogs.
ShadowLiberal
(2,237 posts)When the USSC agreed to hear the case over the NLRB nominees they asked both sides to come prepared to answer a series of questions never discussed in the earlier partisan rulings. Questions that hint strongly at overturning the lower court decisions, such as if 'informal' sessions every few days by a single senator to briefly open up the senate and then shut it down in a few minutes means that the senate has officially gone into recess or not?
It really was a short sighted power grab and attempt to hurt Obama by supposedly nonpartisan judges who can't think a few steps ahead.