Thursday, February 11, 2010
Outlook Not So Good Becker Recess Appointment
Nothing is by any means clear at this point, but the following post by the Work In Progress blog, and especially its link to this White House statement, doesn't point to a recess appointment for Craig Becker. Labor is not likely to be very happy, so much so that I don't feel confident saying a recess appointment won't happen for Becker until it's official. But I sure wouldn't bet on it at this point.
Also, here's a reminder that the remaining two NLRB appointees (Pearce and Hayes) may have to be approved together or face another Republican block. I'm not sure if the Democrats would bother just keeping the NLRB at an even 2-2 political split; we may stay in a holding pattern until a new 3rd Democratic Board member can be nominated (although having a 2-2 split is a lot better than a 1-1 split).
On the other hand, more recent reports suggest that a Becker recess appointment isn't ruled out yet. Like I said above, you can't assume anything until it's official.
Hat Tip: Patrick Kavanagh
-JH
https://lawprofessors.typepad.com/laborprof_blog/2010/02/outlook-not-so-good-becker-recess-appointment.html
Comments
Joe, you must be one of those nasty rightwingers. You know: the guys who dare to use liberals' own words against them.
Posted by: James Young | Feb 12, 2010 1:46:38 PM
Joe and James:
I hate to bring this up really, but did Pres. Obama use his recess power yet? Did President Bush? How many times?
Lesson: don't use words from politicians from the other side of the aisle until they actually do what they said they wouldn't.
Only at that point will I shout "hypocrisy" right along with you.
Posted by: Paul | Feb 12, 2010 6:43:43 PM
Read those comments as carefully as their authors drafted them. Not every recess appointment--and there have been many--is a UN ambassador.
Posted by: Alan Hyde | Feb 13, 2010 11:04:07 AM
I seriously doubt they will move on Pearce and Hayes w/o a third nominee. If they proceed on Hayes and Pearce the Republicans have every reason to prevent a third Democratic nominee from being confirmed to prevent the current Board from having the votes to reverse precedents.
Posted by: nick | Feb 13, 2010 4:04:27 PM
Uh, Paul, nobody's shouting "hypocrisy" yet. Certainly, I wasn't.
Try to NOT change the subject.
Posted by: James Young | Feb 15, 2010 6:22:59 PM
To some degree he's damaged goods.He would have less credibility, and ironically,be less equipped to reform the NLRB in the way it needs to be reformed. It would go against what the Democratic party is supposed to stand for. Cf. also statements made in regard to Bush's recess appointment of UN Ambassador John Bolton :
"John Bolton now goes to the United Nations without the support or confidence of the Senate, instead representing only the president of the United States." Unfortunately this go-it-alone strategy is all too familiar with this administration." - Tom Harkin
“To some degree, he’s damaged goods,” said Sen. Barack Obama, D-Ill., a member of the Senate Foreign Relations Committee. “I think that means we’ll have less credibility and, ironically, be less equipped to reform the United Nations in the way that it needs to be reformed.” -Sen. Obama
“The President’s decision to circumvent the Senate and use a recess appointment naming John Bolton as ambassador to the United Nations is a mistake... to use a recess appointment for such a controversial nominee...subverts the confirmation process in ways that will further harm the United States."- NancyPelosi
"devious maneuver that evades the constitutional requirement of Senate consent and only further darkens the cloud over Mr. Bolton's credibility at the U.N." - Sen. Edward M. Kennedy
"It’s an unnecessary result, and the latest abuse of power by the Bush White House."
Harry Reid
Posted by: joe marino | Feb 12, 2010 6:12:04 AM