Wary of Nominees? Then Win the Election
On Monday, October 26, Senate Majority Leader Harry Reid may have initiated a turning point in health care reform.
He indicated that a government-run insurance program for people under 65, a so-called public option, would be included in the measure that goes to the Senate floor next month.
Now Washington pundits are furiously doing the math, trying to figure out whether Reid, D-Nevada, has 60 votes to overcome a filibuster and send a sweeping health care bill to President Barack Obama’s desk. Of course the House will play some role as well.
This routine has been a staple of capital life since last November. That’s when Democrats took control of the White House and increased their margins in the House and the Senate, where their caucus has reached a filibuster-proof 60 members.
Every time a major piece of legislation comes along, there is the mandatory calculation to figure out whether Democrats can come up with 60 votes, either by holding their own ranks together or drawing in a couple Republicans.
But winning elections has another—and perhaps more profound—effect on governance when one party controls both the Senate and White House. Its nominees for administration positions are almost certain to be confirmed.
Personnel is policy, goes the Washington saying. The reason that aphorism has been repeated to the point of becoming a cliché is because it’s true. One of the most cherished spoils of political victory is determining who serves at government’s highest levels.
In the polite society of the Senate, the rule in the past has been that a president pretty much gets to appoint the nominees of his (one day “her”) choice unless they have a criminal background or are otherwise egregiously unfit for office.
But Obama’s rival for the White House, Sen. John McCain, has halted the confirmation process for one of the president’s nominees for the National Labor Relations Board because of policy differences.
In an October 21 hearing of the Senate Health, Education, Labor and Pensions Committee, McCain opposed Craig Becker, who currently serves as associate general counsel for the AFL-CIO and the Service Employees International Union.
Echoing Becker criticisms from the business community, McCain expressed qualms about some of Becker’s articles about labor-management relations. The Yale Law School graduate doesn’t mince words when it comes to organizing in the workplace.
In an excerpt from a 1993 University of Minnesota Law Review article highlighted in a U.S. Chamber of Commerce letter to the HELP Committee, Becker writes that “employers should be stripped of any legally cognizable interest in their employees’ election of representatives.” With his trademark irascibility, McCain first insisted on a roll-call vote on Becker. Sen. Tom Harkin, D-Iowa and HELP Committee chairman, said that NLRB nominees are typically voted on as a bloc. Becker was being considered along with two others.
But Harkin acquiesced and allowed a separate vote on Becker. “How generous of you,” McCain sneered through a smile.
Becker was approved by a 15-8 vote, but McCain vowed to block a Senate floor vote by placing a “hold” on him. It is the prerogative of each senator to put a hold on any nominee for any reason.
McCain said that all the commotion could have been avoided if Harkin had agreed to a hearing for Becker. Harkin responded that it is Senate tradition not to conduct hearings for members of the NLRB other than the chair.
Sen. Mike Enzi, R-Wyoming, also voted to uphold Senate tradition. He approved Becker along with all the other nominees in the package that was presented to the HELP Committee on October 21.
It may be true that Becker deserves more scrutiny than the usual NLRB nominee. Several senators would like to know whether he still holds what some call “radical” views of labor-management relations. Others want to know what role Becker may have played in the vote-buying scandal that drove former Illinois Gov. Rod Blagojevich out of office.
But there was a more straightforward way for McCain to put the kibosh on Becker. He wouldn’t be hassling with this nominee if he had won the White House in November. It’s one more reason why elections matter.














