The Senate voted against invoking cloture on Obama appointee Craig Becker, a nominee for the National Labor Relations Board. The final vote was 52-33, with all Republicans opposed, including Scott Brown, who claimed to be “undecided” last week. Among Democrats, both Ben Nelson and Blanche Lincoln voted against Becker, an associate general counsel for the SEIU and the AFL-CIO, for the five-person board, which currently only holds two members. Because the Becker nomination was paired with two other nominees, a vote against him is essentially a vote to keep the NLRB in a non-functional state. Some other Democrats were unable to make the vote, owing to the weather in Washington, DC. When a final roll call is available, I’ll link to it.
The AFL-CIO attacked Nelson for his hypocrisy in opposing cloture on Becker; they’d better get out the mimeograph machine and send that to Blanche Lincoln as well.
UPDATE: In his press conference today, the President said that if qualified nominees were obstructed by the Senate, he would have to resort to a recess appointment as soon as next week. He now has a chance with Craig Becker, if he chooses.
Earlier today, Sam Stein noted that Democrats joining this filibuster will complicate efforts to paint the obstructionism as solely a partisan act.
UPDATE II: The AFL-CIO’s Richard Trumka’s statement on the Becker nomination kinda, sorta, almost outright says that the President should recess-appoint him:
It is reprehensible that a minority in the U.S. Senate has blocked an up-or-down vote on Craig Becker, nominated seven months ago by President Obama to serve on the National Labor Relations Board (NLRB). Once again, a Republican-led filibuster has put political interests over the needs of America ’s working families. For more than two years, the NLRB has had only two of its five members. Without a fully staffed NLRB, working families face a major disadvantage in winning justice in the workplace.
Becker is a highly-respected and experienced labor law practitioner and scholar. He has an impressive 27-year record of advocating for and representing workers, especially low-wage workers. He is eminently qualified to hear and decide cases fairly for both workers and employers as a member of the NLRB.
This is yet another instance of Washington politics-as-usual that so frustrates the American public. Americans deserve a government fully staffed by qualified, dedicated public servants with integrity – and leaders willing to put the interests of working families over politics and corporate influence.
We support President Obama’s expressed willingness to make recess appointments of critical posts in the federal government if that’s what it takes to get around minority delay and obstruction. There are currently more than 60 political nominees being held up by the Republican minority in the Senate – at this point in the Bush Administration, only four nominees were still in limbo.
Tags: Ben Nelson, Blanche Lincoln, Craig Becker, labor, NLRB, unions



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A recess appointment for a nominee “on hold” or stuck in committee is one thing.
A recess appointment for a nominee having been voted down in a bipartisan manner is completely different.
As Politico reported Obama’s comments today:
So just when did a cloture vote where 2 of the most anti-union dems join with the Republicans become “voted down in a bipartisan manner?”
I thought all the Republicans always demanded simple “up or down votes in support of the President’s nominees” rather than procedural jams?
Oh that’s right, IOKFAR
The same time that the administration wanted to claim that either Sen. Snowe or Sen. Collins voting for HCR would make it bipartisan.
Following the ‘tradition’ set by BushCo who claimed so many ‘bipartisan’ legislative victories because Short Ride Lieberman was his pet.
And it still wasn’t a simple up or down vote on the merits, it was a vote using procedure to jam things up.
What goes around comes around.
The demcong trashed Bush’s appointees (remember John Bolton?.
A recess appointment for a nominee having been voted down in a bipartisan manner is completely different.
Do you really wanna go with the proposition that coming out in a vote with 61% of those voting in favor is being voted *down*?
And, last time I checked, 52 votes represents more than half of the Senate.
All the Democrats have to do is invoke the nuclear option, then democracy will rule. The problem is that the Congressional Democrats oppose democracy so that way they can pass corporatist bills. The Democrats are fully capable of confirming Becker, but they decided not to, so no, Becker shouldn’t be a recess appointment and if Obama supports democracy he should be advocating that his VP works to do the nuclear option.
Don’t forget … Ben Nelson said Alito should have an up or down vote .. so yeah .. Nelson is the ultimate hypocrite .. why is the rat bastard even a Democrat anyway? He never votes with us when it matters .. unless he is bought off
That’s because Democratic Senators resemble Republican Senators in that they much prefer Republican nominees over Democratic nominees for the sake of comeliness, bipartisanship and collegiality.
The Senate is a collegial body. That’s why we love Joe Lieberman so much. He votes with us on everything but the war. – Harry Reid
If the Democrats continue opposing democracy, the Democrats don’t let the democratic vote matter.
Of course he should make him a recess appointment.
I guess the libs in the senate are running scared of the dear leaders agenda. Blance and Nelson will loose re-election anyway so why they did not hold to the leftist appointee of the dear leader is suprising. They probably think holding to the hopy changy thing is not getting them anywhere.
I guess with the dear leader batting 0 for 5 the progressive rats are jumping off their collective ship of fools.
“Democrats joining this filibuster will complicate efforts to paint the obstructionism as solely a partisan act.”
Nelson is on fucking Appropriations and Armed Services, two of the biggest cash cows in the Senate.
McConnell would break one arm & see how he feels about keeping the other one intact.
Where do you see anything that can be called progressive? I’d like to know about it.
I was addressing the assertion that Becker was “voted down”, thus for some reason disqualifying him for a recess appointment.
He was voted down. If the Democrats wanted him democratically voted into office, they’d do that but they’re sticking with him being voted down.
He must not be bought and paid for.
The Corporatocracy does not want labor to gain any advantage – no matter how tiny – in this age of union-busting, race to the bottom wage cuts and right to work states.
The Democrats also are belong to this Corporatocracy.
The US is a fascist nation controlled by the MIC and megacorps. Any resemblance of a government by and for the people is an illusion. St. Ronnie, then the Bushes and Clinton and now this bipartisan No-Change Nudge.
Fuck the Republicans and their ass wipe allies in the Democratic Party. Recess appointment.
Blanche Lincoln is a really strange Senator. She is about as popular as the measles in her state and she keeps on doing these awful things. Someone must have something on her – maybe she’s a former stripper or something.
Your respiration is a waste of oxygen, Jethro.
He was voted down.
You certainly have some strange math going on there. It was 52-33 *in favor*. I say if there is more than 50% of the Senate in favor, that presents a perfect candidate for recess appointment.
Or do you subscribe to the view that no one is ever voted *in* unless a repub or two break ranks and deign a vote in favor?
In my experience, strippers are much more popular than measles…
on edit: definitely more popular than politicians….
Blanche Lincoln is planning her post political career on the hopes she’ll be cast to play Jane Hathaway in a Beverly Hillbillies remake.
Good riddance.
-G
You are giving Lincoln FAR too much credit. She may be prostituting herself, but I don’t think she has what it takes to dance pretty.
Color me completely unsurprised by Nelson & Lincoln. Why they go through some charade calling themselves Dems is beyond me.
Also agree with a prior post that the Corporations don’t want the unions to have even the tiniest of in-road. Disgusting but totally predictable.
So what’s next, Mr. President?
No surprise that Blanche
DuBoisLincoln (D-Walmart) and Insurance Ben voted with the GOP on this nomination. Walmart is to labor unions like Joe McCarthy and Dick Cheney were to civil rights. Blanche votes however the Waltons tell her to. Ben is just a Gooper in GOP clothing. How he or Joe Lieberputz claim to be Democrats is a wonder.As Sean Connery’s Jim Malone asked Kevin Costner’s Eliot Ness, “And then what are you prepared to do” Mr. President?
No, it’s not I who has strange math. It is the Democrats who support this math that I oppose and I’m saying it is hypocritical to support this strange math while also supporting a recess appointment as that is wanting it both ways. Since you think it is “strange math,” do you support or oppose the nuclear option?
Now you’ve done it! Just think how many of us won’t be able to get to sleep so easily tonight since every time we close our eyes that image of Blanche will appear.
I see no reason why Becker shouldn’t get a recess appointment. He was fully vetted in a lengthy confirmation process and received 52 votes today.
Jesus Christ. I’d almost forgotten about that asshole.
Not I. I have other anxieties that keep me awake at night. *g*
Mustache.
You don’t usually swear. Okay hon? Raining down there? It is up here. Dogs are crazy.
Last I checked the dems played firewall vote politics in the Senate for GWB nominees for years. The vast majority of time for pure political reasons. This guy is not a political issue, his nomination is a policy issue.
Let me understand: 52-33 and he needs 60 votes to get confirmed, not 60% of the Senators present?
60 votes is an almost impossible hurdle. 85 senator were rpesent, so the vote would have had to have been 60-25? This implies the Senate cannot do any business if there are less than 60 senators present.
He did get over 60% of the senators present. 60% of 85 is 51.
The Senate could get a lot more business done by being democratic and going nuclear. There’s no Constitutional requirement that things be the way they are now, but rather it is a matter of of choice.
Re: “Earlier today, Sam Stein noted that Democrats joining this filibuster will complicate efforts to paint the obstructionism as solely a partisan act”
You don’t say?!? The Democratic Party’s penchant for allowing it’s members to vote against the interests of the majority of the party – and to do so with impunity and the knowledge that there will be no negative repercussions – is the No 1 problem with the party and its message these days. A DINO ain’t much use if there is no down side to saying f-u to the party’s needs.
What an epic disappointment the Obama Presidency has become. The neo-cons are still controlling the oil wars and the disaster capitalist economy. Obama is losing his retard base and the corporatists always win. After Van Jones was dumped, that sent a message of cowardice. I will never give up being a futurist retard. But Obama has given up fighting for people.
I question the premise of your comment, which is that Lincoln and Nelson are in fact Democrats.
Reid needs to do something or the Dems will never break cloture again. Nelson voted against his party in a procedural vote. He has chosen sides against the democrats. There needs to be a penalty for this. He needs to be stripped of his senority. Make him swith offices with Fraken. Change his committee assignment to a committee that is important for the Government to function but gets no press and has nothing to do with his state. You will never ever have 60 votes again. You need to set a savage example to keep 58. What do you think would happen to a Repub that broke ranks on a filibuster? If you don’t have the stones to get this done maybe its time to step aside.
Never in my life have I ever seen such a political dog and pony show. It’s so blatently obvious that it is beyond disgusting. A party with an majority in both houses AND the oval office, can’t pass a single damn piece of paper, or get political appointees passed? Good Lawrd. Throw in the towel boys and girls. This is just plain ludicrous. And Jeebus Cripes blogosphere, quit blaming the Rethuglicans!!!! From SnuffPost, to C&L, heck even to Digby, the partisan codswallop is beyond nauseating. This is NOT Rethuglicans holding any of this stuff up! This is the DemoCrap Party (TM) showing their true colours. And STILL blogs want progressives to support this nonsense. Good grief. The US as a nation is over. Would the last corrupt politician please turn out the lights after they take what’s left in people’s wallets? Thank you. It’s damn frustrating, and sickening to listen to “blame the Rethuglicans” when in fact, these asswipes don’t have the power anymore.
“Fredo, you’re my brother and I love you. But do not ever, EVER take sides against the family.” And now for a little fishing excursion …
Well, a boy can dream, que no?
She won’t make it. They want someone who’s at least entertaining.
If you’re implying Obama should not appoint this guy because of a “bipartisan” voting down of his nominee, you have to be kidding. Bipartisan, Ben Nelson and Blance Lincoln, two republicans if there ever were any. You call that bipartisan. You can’t possibly be that stupid, or maybe you are. I am sick of people like upholding these cretons like Nelson and Lincoln who are voting against this guy because he might actually stand for working people against a rapacious corporate culture. When would you think Obama should act against these coroprate whores, whether they be Republican or Conservadems. Guess your employment situation is just peachy huh! Guess you don’t give a damn about anyone else but yourself.
“Moderate” Massachusetts Senator Brown who stated he was not someone that would be a lockstep right wing GOP vote cast his first vote on this -
and voted to keep the filibuster going.
Quick! It must be time for the DNC to send Ben Nelson $500,000 to put out a TV ad about how he saved Nebraskans from labor bosses…
There was not an up-or-down vote….if that was true the nominee would have been accepted by a majority. Senate confirmation requires only a simple majority. This was a vote on cloture…whether to accept bringing the nomination to the floor YET. It therefore remains in Committee.
“Floor Consideration. The Senate meets in executive session to consider nominations, but may not begin floor consideration of a nomination until it has been on the Executive Calendar for at least one day, except by unanimous consent. Nominations are subject to unlimited debate, SUBJECT TO CLOTURE BEING INVOKED. In some instances, one or more Senators may place a “hold” on a nomination, thereby delaying or preventing it from reaching the floor for further action. Under Senate Rule XXXI, the final question on a nomination is, “Will the Senate advise and consent to this nomination?” The Senate has three options: confirm, reject, or take no action on the nomination. Confirmation requires a SIMPLE MAJORITY VOTE.”
And if the Democrats wanted an up or down vote on this guy they would have gone nuclear, but the Democrats have voted him down by keeping the anti-democratic voting process the way it is.
The Democrats should force the Republicans to filibuster, actually filibuster, Becker’s nomination.. Think of the picture – Republicans droning on and on, holding up Senate business, in order to keep a labor representative from serving on the National Labor Relations Board.
homer http://www.altara.blogspot.com
This is Reid’s problem. Right now there is no discipline in the Senate. The fact that a member feels that they are free to vote with the opposition on a procedural motion with no consequences is the biggest problem here. Nelson and Lincoln should be stripped of their seniority and reassigned to lesser committees. Those committees should, if possible have little news worthiness or interest to their home states. In losing their senoirity, they should be made to switch offices with the least ranking Senators. That means they should take Burris’s office and Franken’s. If Reid doess not have the stones to discipline the Senate then we need a new majority leader, before that new leader is a Repub.
Yes, thats right – Bolton – the guy going to the UN after saying they could stand to lose a few floors of the UN building (kind of like losing a lot of floors in the WTC).
Agreed, it might slow them down a few weeks, and they WANT THE STATUS QUO NOW! Oh yea, the staus quo is already know and that is what they are conserving.
She likes money.
I does seem stupid that a procedural vote is harder to hurdle than the actual vote. But if the rules are changed (if that can be done in todays “climate” – recall that the echoturf would use this as the Dems destroying the constitution) it must be done with caution.
Seems the Dummyrats are going to get dumped to some degree, and if not now at some point – so all power goes to the next group.