Another week of Republican obstructionism, another week of confirmation hearing delays, and Chief Justice John Roberts is starting to sound reasonable.
The Wonk Room reports on a Supreme Court hearing Tuesday on New Process Steel v. National Labor Relations Board and the potential for that decision to toss out more than 600 cases the National Labor Relations Board, operating with just two of its five members because Republicans will not allow appointments to go forward. This led to and interesting exchange between Chief Justice Roberts and Deputy Solicitor General Neal Katyal:
This obstruction has led the administration to hint that it may recess appoint Becker. And during oral arguments at the Supreme Court yesterday, Chief Justice John Roberts essentially agreed that recess appointments are the way to go:
NEAL KATYAL, DEPUTY SOLICITOR GENERAL: They were named in July of last year. They were voted out of committee in October. One of them had a hold and had to be renominated. That renomination took place. There was a failed quorum — a failed cloture vote in February. And so all three nominations are pending. And I think that underscores the general contentious nature of the appointment process with respect to this set of issues.
CHIEF JUSTICE ROBERTS: And the recess appointment power doesn’t work why?
Senate Health, Education, Labor and Pensions Committee Chairman Tom Harkin (D-IA) said yesterday that he expects a recess appointment for Becker to occur. “It’s going to happen,” he said. A group of 20 business lobbying groups, led by the Chamber of Commerce, wrote Obama yesterday to advocate against a recess appointment, so they seem to be legitimately worried such an appointment will happen.
The business and lobbying groups aren't the only ones worried that Obama might appoint Becker this recess. As Laura wrote yesterday, the Republican Senate is united in opposition to that move. Note that they aren't willing to negotiate anything, like allowing other nominations to go forward. Just "no."
This recess appointment needs to happen, and should go beyond just Becker, but also encompass the remaining NLRB nominees as well as others, like Dawn Johnsen who is still awaiting a vote on the floor for her Office of Legal Counsel nomination. She's opposed by Ben Nelson because she was once legal counsel for NARAL. Dem obstructionists need to be shut down just as much as Republicans, and these recess appointments need to happen.