Senate GOP to Obama: You better not make recess appointments to the NLRB

posted at 3:25 pm on December 20, 2011 by Tina Korbe

The men and women of Congress haven’t yet adjourned for Christmas and Barack Obama hasn’t yet boarded Air Force One to begin his $4 million trip to Hawaii, but Republicans in the Senate have already begun to think of what might happen while they’re in recess. Namely, they’ve realized the president might appoint a couple of partisans to the National Labor Relations Board when they’re not around to advise and consent. So, all 47 Republican senators signed and sent a letter to the president admonishing him not to do that. They write:

Appointments to the NLRB have traditionally been made through prior agreement of both parties to ensure that any group of nominees placed on the board represents an appropriate political and philosophical balance. Indeed, the very statutory design of the Board is meant to ensure a basic level of bipartisanship in the appointment of Members. As you are undoubtedly aware, appointments to Board that depart from this tradition have resulted in some of the most contentious, divisive struggles we face in the Senate. Your controversial recess appointment of NLRB Member Craig Becker is an example of an NLRB nominee having been appointed over the objection of the Senate and the result of that decision has been unending controversy throughout Member Becker’s entire term on the Board, which has undermined the credibility of the entire NLRB.

We urge you to avoid attempting to give your latest NLRB nominees – Ms. [Sharon] Block and Mr. [Richard] Griffin – recess appointments at any point, especially during the mandatory adjournment between sessions of the 112th Congress, which will undoubtedly be very brief. While some have publicly suggested doing so would be an appropriate course of action with regard to other nominations, it would, at the very least, set a dangerous precedent that would most certainly be exploited in future cases to further marginalize the Senate’s role in confirming nominees and could needlessly provoke a constitutional conflict between the Senate and the White House.

The senators are right to be concerned: President Obama has a history of using his recess appointment power to install particularly controversial officials (Craig Becker, anyone? Donald Berwick? Phillip Coyle?). Block and Griffin look to be no better:

Block is a former aide to the late Sen. Edward Kennedy (D-Mass.) and a senior Labor Department official who used to work at the NLRB. Griffin is the general counsel for the International Union of Operating Engineers. Obama nominated them to the board last week.

Still, this is less about the appointees themselves than it is about Obama’s unnerving tendency to “go it alone.” Unfortunately, he has more justification than usual to make these recess appointments. The term of his previous NLRB recess appointee, Craig Becker, is about to expire, and, without a quorum, the NLRB would be unable to function. That’s fine by me — but, the point is, Obama can invoke that reality as his reason for recess appointments. If the president cares at all about keeping faith with the Senate, though, he’ll respect their request. As the GOP senators point out, this recess is likely to be a short one. Surely these appointments can wait.


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The One will do it and text the senators from Air Farce One “Suck it up my biotches!”

CorporatePiggy on December 20, 2011 at 3:31 PM

$10 says Obama makes recess appointments to the NLRB

TwoShortPlanks on December 20, 2011 at 3:31 PM

first

Jailbreak on December 20, 2011 at 3:32 PM

Obama’s response: “We won.”

Marcola on December 20, 2011 at 3:32 PM

Yeah. A strongly-worded letter. That should do it. Ø should wilt from the effect of that.
.
/S

ExpressoBold on December 20, 2011 at 3:33 PM

Wish-casting. Good luck with that.

Joe Mama on December 20, 2011 at 3:33 PM

Elections have consequences. – Barack Obama

I dunno. I think he’ll do it. He loves in-your-face confrontation. He said so himself.

av8tr on December 20, 2011 at 3:34 PM

If the president cares at all about keeping faith with the Senate, though, he’ll respect their request. As the GOP senators point out, this recess is likely to be a short one. Surely these appointments can wait.

He doesn’t care about keeping faith with the Senate.

He won’t respect their request.

The recess won’t be short enough to keep him from doing it.

Obama won’t wait and will make the appointments.

oldroy on December 20, 2011 at 3:34 PM

If the president cares at all about keeping faith with the Senate, though, he’ll respect their request.

That statement represents are full blown psychotic break with reality. Obama does not give a damn about keeping faith with the Senate and he will not honor their request. All Obama cares about, is his agenda and how to achieve it.

SWalker on December 20, 2011 at 3:35 PM

$10 says Obama makes recess appointments to the NLRB

TwoShortPlanks on December 20, 2011 at 3:31 PM

Ten thousand bucks? $10,000 bet?

El_Terrible on December 20, 2011 at 3:36 PM

Then the Republicans better stay in session like the demorats did under Bush!

vietvet68 on December 20, 2011 at 3:37 PM

“I’ll see your admonishments and urgings and raise you a big LOL!!!!”

Seriously, I hope he does it. And I hope the board starts making lots of really leftist rulings.
It’ll help fire the conservative base and swing a lot of independents, and the NEXT president will have a lot of justification to just disband the NRLB.

Marcola on December 20, 2011 at 3:38 PM

“You better not make recess appointments to the NLRB”…OR WHAT?! You’ll B!T@H and MOAN like inept, pouty spoiled children? This President has violated the Constitution, broken laws, engaged in Criminal Crony Capitalism, has handed over to Al Qaeda their own country which they will run under sharia law, has handed thousands of guns to Mexican Drug cartels while laundering their money…and appointments to the NLRB is the only thing that has ‘earned’ a ‘threat’ from the GOP (or anyone else)?! Wat a friggin’ joke! FIRE ALL OF THEM!

easyt65 on December 20, 2011 at 3:38 PM

The Republican House can reduce NLRB funding to just paying for a receptionist and some lights.
But, will they do this?

Noooooooo……the stupid party will bend over again.

graywolf on December 20, 2011 at 3:39 PM

Well – I am glad they sent him a letter admonishing him. Surely that’ll keep him at bay. /sarc

CycloneCDB on December 20, 2011 at 3:39 PM

Stop! Er, or we’ll ask you to stop a 2nd time!

search4truth on December 20, 2011 at 3:40 PM

Then the Republicans better stay in session like the demorats did under Bush!

vietvet68 on December 20, 2011 at 3:37 PM

Exactly. Why aren’t they doing this?

Darksean on December 20, 2011 at 3:40 PM

So, put elimination of the NLRB into every future bill that comes up after he does it.

Dusty on December 20, 2011 at 3:41 PM

I remember Harry Reid having one Senator stay in the Senate over holidays during President Bush’s tenure so he could not make recess appointments…

… So who draws the short straw, or are the GOP going to take Obowma at his word?

Seven Percent Solution on December 20, 2011 at 3:41 PM

“You better not make recess appointments to the NLRB”…OR WHAT?! You’ll B!T@H and MOAN like inept, pouty spoiled children?
easyt65 on December 20, 2011 at 3:38 PM

Yep…that’s pretty much exactly what will happen.

oldroy on December 20, 2011 at 3:41 PM

“Yeah, whatever. I bombed a sovereign country and you didn’t do $#!*. Why would you start now?”
 
- President Barack H. Obama

rogerb on December 20, 2011 at 3:41 PM

Here’s a thought …

Get the Senate back in session to negotiate in good faith with the House….

Solves that pesky recess appointment problem ….

ProfShadow on December 20, 2011 at 3:43 PM

I dunno. I think he’ll do it. He loves in-your-face confrontation. He said so himself.

You mean confrontation like the nationally broadcast tongue-lashing he got from Netanyahu? I thought he was going to cry.

Finbar on December 20, 2011 at 3:43 PM

He doesn’t care about keeping faith with the Senate.

He won’t respect their request.

The recess won’t be short enough to keep him from doing it.

Obama won’t wait and will make the appointments.

oldroy on December 20, 2011 at 3:34 PM

^^^ This

NapaConservative on December 20, 2011 at 3:44 PM

Elections have consequences

Van124 on December 20, 2011 at 3:44 PM

“Yeah, whatever. I bombed a sovereign country and you didn’t do $#!*. Why would you start now?”

- President Barack H. Obama

rogerb on December 20, 2011 at 3:41 PM

Precisely.

CycloneCDB on December 20, 2011 at 3:45 PM

I’ll just bet he is shaking in his loafers as we speak. That letter had to scare the living daylights out of him.
/

herm2416 on December 20, 2011 at 3:45 PM

These czars and recess appointments have made a mockery of the advise and consent roll of the Senate. Obozo didn’t start the practise, but it has gotten completely out of control.

Flange on December 20, 2011 at 3:47 PM

It is a mute point. Both chambers have to be in recess and unless Speaker Boehner fully recess the house the senate can not recess to allow recess appointments. All of Obama previous recess appointments was with the house in dems hands and then they did fully recess because they knew that none of them would get in if they have to vote.

They will meet once every three days and only for about 2 minutes or less to prevent any appointments.

tjexcite on December 20, 2011 at 3:47 PM

Recess We Much!!!

BigWyo on December 20, 2011 at 3:47 PM

THIS is to anyone who thinks presidents are the same and if a certain candidate (whomever) gets the nod you will stay home on election day.

Besides judges to choose, we have the ENTIRE EXECUTIVE BRANCH filled with Obama’s radicals.

A vote for an ‘R’ WHOEVER IT IS will get rid of them.

MaggiePoo on December 20, 2011 at 3:47 PM

You mean confrontation like the nationally broadcast tongue-lashing he got from Netanyahu? I thought he was going to cry.

Finbar on December 20, 2011 at 3:43 PM

Obama only likes confrontation if he thinks he can win. He is a bully.

esr1951 on December 20, 2011 at 3:48 PM

If you read the clause in the Constitution it says:

“The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”

Notice: Vacancies that may happen during the Recess of the Senate

So it is time for a Constitutional fight, none of these appointments occurred during the actual recess and so they can not be legally filled by a recess appointment.

How this has slipped thru all these years is a mystery, I saw this pointed out in another blog a few days ago.

BK

agesilaus on December 20, 2011 at 3:48 PM

Recess We Much!!!

BigWyo on December 20, 2011 at 3:47 PM

No that right there….that’s funny.

oldroy on December 20, 2011 at 3:50 PM

It is my understanding that if the R’s keep some in dc to go to the senate daily, or whatever is the timeframe, they are in the senate and bho CAN NOT do recess appointments? If this is true, PLEASE R’s do this. bho is a snake and is counting on the house and senate being gone to do what he wants because the senate hasn’t given his his appointments?
L

letget on December 20, 2011 at 3:51 PM

If the GOP is this concerned, then they ought to jusst impeach the bastid and not have to worry about his America-killing recess appointments and whatnot. of course, this is the same GOp that let Barky’s insane SCOTUS nominations sail through (ridiculous, pathetic nominations that both should have been killed in committee). But, our GOP are just a bunch of idiots – idiots who had the Tea Party save their sorry azzes in 2010 with the biggest election in 65 years, only to turn around and collude with the America-hating Dems and Barky on that criminal lame duck session.

I hate these GOP slimeballs. We wouldn’t have to worry so much about Barky’s recess appointments if the GOP had DONE THEIR JOB and stopped most of his nominations from going anywhere. And now they are whining … Pathetic.

ThePrimordialOrderedPair on December 20, 2011 at 3:51 PM

Just have the lone Republican resign. That would halt everything.

D-fusit on December 20, 2011 at 3:52 PM

This President has violated the Constitution, broken laws, engaged in Criminal Crony Capitalism, has handed over to Al Qaeda their own country which they will run under sharia law, has handed thousands of guns to Mexican Drug cartels while laundering their money…and appointments to the NLRB is the only thing that has ‘earned’ a ‘threat’ from the GOP (or anyone else)?! Wat a friggin’ joke! FIRE ALL OF THEM!

easyt65 on December 20, 2011 at 3:38 PM

“You are just saying that because of the color of his skin…” - Eric Holder

/

Seven Percent Solution on December 20, 2011 at 3:52 PM

Just have the lone Republican resign. That would halt everything
D-fusit on December 20,2011

How about getting Obama, the Senate and the House to all resign?

Solves more problems….

ProfShadow on December 20, 2011 at 3:54 PM

If obama thinks something will help him destroy the United States, he will do it.

Pork-Chop on December 20, 2011 at 4:00 PM

Just have the lone Republican resign. That would halt everything
D-fusit on December 20,2011
How about getting Obama, the Senate and the House to all resign?

Solves more problems….

ProfShadow on December 20, 2011 at 3:54 PM

True, oh so true.

D-fusit on December 20, 2011 at 4:00 PM

Of course Barry will make recess appointments. All in the spirit of bipartisanship, of course.

That’s the only way he’ll get his socialist appointments approved.

GarandFan on December 20, 2011 at 4:00 PM

The One will do it and text the senators from Air Farce One “Suck it up my biotches!”

CorporatePiggy on December 20, 2011 at 3:31 PM

+ One Milliondy!!!!!

Talon on December 20, 2011 at 4:00 PM

What a bunch of losers led by Boehner,Cantor and McConnell….keep someone in the Senate for gosh sakes. Talk about bringing a water pistol to a street fight…

red131 on December 20, 2011 at 4:01 PM

Better watch it, President Toonces. You’re just cruisin’ for that strongly worded memo!

MNHawk on December 20, 2011 at 4:01 PM

I would expect not only recess appointments to the NLRB, but a raft of others as well. This is Obama’s style. What the congress will not countenance, he seems determined to do by decree.He will also make no apology for the affront to congress and, because they serve only as our proxy in Washington D.C., the American people, which is also entirely in keeping with his style and arrogance.

thatsafactjack on December 20, 2011 at 4:02 PM

If Obama cares at all about keeping faith with the Senate,though, he’ll respect their request.

He sees their request and will raise them two appointees.

LetsBfrank on December 20, 2011 at 4:04 PM

The letter itself will spur him to do exactly what it asks he not do. Do they really think he gives a damn what they think? Um, no. Now he will for sure make those recess appointments.

KateNE on December 20, 2011 at 4:04 PM

That letter is the equivalent of waving a red cape in front of a bull.

Aplombed on December 20, 2011 at 4:05 PM

Bet the paperwork is already filed.

cajun carrot on December 20, 2011 at 4:05 PM

how embarrassing…barry’s shaking in his boots.

Don’t these guys even know that it give barry a thrill up his leg to be the ever powerful One? Nothing gives barry a warmer feeling in his stone heart than to shaft the Evil Republicans.

Fools

r keller on December 20, 2011 at 4:06 PM

Then the Republicans better stay in session like the demorats did under Bush!

Kinda hard when we don’t hold the majority.

Gus Bailey on December 20, 2011 at 4:06 PM

And who doesn’t just love a strongly worded letter?

-snicker-

Mr.Mark on December 20, 2011 at 4:09 PM

Here is a sad fact: the liberal left has been indoctrinating K thru college with their socialist teachings for 60+ years.

- Their goal was to take over the media. Accomplished.

- Their goal was to take over the unions. accomplished.

- Their goal was to take over the legal community (lawyers and judges). Accomplished.

- Their goal was to make their ‘voice’ the ONLY voice and to scream their message at high volume, while convincing the conservative right to be well-mannered and soft spoken. accomplished.

With these things accomplished, quite masterfully I have to concede, the socialist liberal left has created the America we now live in. If we don’t change our tactics the United States will be a full socialist country within the next decade.

We are fighting the information war like the Red Coats while they are using the Patriots war strategies. If we don’t start using the same strategies and tactics we will lose this war. I’m not advocating we use the same gutter language and filth of the OWS but we need to take off the white cotton gloves to put us on a more even fighting plain.

The only activist group conservatives have is the Tea Party. Put on comfortable shoes and go let the people know that this is NOT a socialist nation!

SubDoc on December 20, 2011 at 4:20 PM

If the president cares at all about keeping faith with the Senate, though, he’ll respect their request.

If you can repeat that line with a straight face, you win a banana!

squint on December 20, 2011 at 4:22 PM

Obama WILL do this. He has to have Big Labor’s laundered taxpayer money to get re-elected.

wildcat72 on December 20, 2011 at 4:23 PM

This will only work if the President spends more time reading or even glancing in the general direction of his correspondance than his Attorney General does.

I suspect he does not.

Lily on December 20, 2011 at 4:25 PM

of course he makes the appointments. no downside. if they are even aware of it happening, (American Idol, X-factor, etc.) his base will love it, and independents wont care.

so what if he pisses off republicans?

Coolidge_Conservative on December 20, 2011 at 4:25 PM

I predict this letter will be about as effective as BHO asking Iran to pretty please return our drone

thurman on December 20, 2011 at 4:26 PM

Then object to a Senate recess. Block it up. Do what you have to do.

SouthernGent on December 20, 2011 at 4:28 PM

Right. Obama shouldn’t make recess appointments because the GOP senators said so? They sent a letter and everything, after all!

Good luck with that.

KeninCT on December 20, 2011 at 4:28 PM

And if they adjourn and he makes appointments, what are they going to do about it? Rhetoric, these jerks are nothing but rhetoric.

rplat on December 20, 2011 at 4:32 PM

Many of the same GOP Senate scumbags who took part in that criminal lame duck session (and they all should have been jailed for that travesty) are now worried about recess appointments? That is rich.

Hey, scumbag GOPers, guess what: holding a lame duck session with America-haters is just as bad as Barky’s America-killing recess appointments. You all suck donkey shlong.

ThePrimordialOrderedPair on December 20, 2011 at 4:32 PM

Who want to bet he’ll do it just before jetting off on his $4 million vacation?

madmonkphotog on December 20, 2011 at 4:33 PM

He will have them appointed before he lands.

HopeHeFails on December 20, 2011 at 4:36 PM

You all suck donkey…

ThePrimordialOrderedPair on December 20, 2011 at 4:32 PM

I enjoy your enthusiasm and share your pain, but ease up just a little please….

oldroy on December 20, 2011 at 4:37 PM

You all suck donkey…

ThePrimordialOrderedPair on December 20, 2011 at 4:32 PM

I enjoy your enthusiasm and share your pain, but ease up just a little please….

oldroy on December 20, 2011 at 4:38 PM

The first time he hears about this letter will be the first time a reporter asks him about it, which will never happen. So there you have it.

Spliff Menendez on December 20, 2011 at 4:42 PM

This is almost as funny as The One asking Iran for our drone back.
The Gop is as big a problem as Obama administration is. Changed my affiliation to Independent long ago due to lack of common sense, leadership or rather lack of and the growing sense that nobody in any leadership role is interested in anything other than staying in power, no matter what.

B-rad on December 20, 2011 at 4:43 PM

Ten thousand bucks? $10,000 bet?

El_Terrible on December 20, 2011 at 3:36 PM

Only Mittens can make $10,000 bets.

/s

PatriotGal2257 on December 20, 2011 at 4:44 PM

I think the letter to him was a great idea. It publicizes a greatly needed line in the sand. If he makes the appointments anyway, then it will simply be another nail in his reelect-hopes coffin IMO.

GuitarSlinger on December 20, 2011 at 4:46 PM

The Gop is as big a problem as Obama administration
B-rad on December 20, 2011 at 4:43 PM[\quote]

The RNC sent me a letter asking for some cashola to help fund their activities in the coming year.

Here are the activities that come to mind when I think of the RNC:

- Hitting Strip clubs
- Closing down Cocktail bars
- Release the Chakra! massages
- Hot tub parties at Barney Frank’s (see above)
- Dinners at extortionate restaurants
- Extensive travel at great expense

And that was only under Michael Steele’s awesome leadership. I’m sure they’ve now branched into pimping, drug dealing, and people smuggling.

CorporatePiggy on December 20, 2011 at 4:55 PM

Did they load it into the TOTUS? If not I am pretty sure he won’t know how to read it.

FLconservative on December 20, 2011 at 4:59 PM

I sent Obama a letter asking him to resign. It was signed by 100 conservatives. I’m expecting his resignation at any moment.

they lie on December 20, 2011 at 5:15 PM

Valery Jarrett will jerk his string on Soros’s behalf and BO’s knee will jerk and he’ll appoint at least one of the two union hustlers, if not both of them…..

If it ain’t in his genes, it’s in her jeans…..

Pecozbill on December 20, 2011 at 5:15 PM

OHHHhhhh…he’s gonna listen alright….and the Republican bad boys are gonna get tough! Yeah that’s been happening alot lately!
wimps
(I could not even capitalize the word ‘wimps’ they are so wimpy!)
(:<)

KOOLAID2 on December 20, 2011 at 5:17 PM

Pretty please.

Kissmygrits on December 20, 2011 at 5:24 PM

Can you filibuster adjournment?

KW64 on December 20, 2011 at 5:52 PM

Maybe Barry will give the drone back, since they asked nicely

cane_loader on December 20, 2011 at 6:04 PM

The only way this would have any effect is if they had put some teeth into it. Something along the lines of, “Feel free to make recess appointments to the NLRB, however, be advised that if you do so, those will be the last appointments you make during your Presidential term. Republicans will place holds on any and all nominees you place before the Senate during 2012. If, by some unfortunate circumstance you do manage to win re-election, be advised that the Senate will not recess for the ensuing 4 years. We hope you like your current staff, because that’s all you’re going to get. But by all means, feel free to make recess appointments to that board”

AZfederalist on December 20, 2011 at 6:05 PM

Urging Obama to do the right thing is silly. The republicans in the senate need to figure how to use the senate rules to make such an appointment impossible.

JIMV on December 20, 2011 at 6:12 PM

So Republican senators can’t interrupt their festivities to prevent Obozo from making interim appointments? Boy, they’re a dedicated lot aren’t they? I’m sure their letter has the Socialist-In-Chief shaking in his Nikes.

I sincerely hope that 2013 is the start of a genuine and strong 3rd party.

Samantha on December 20, 2011 at 6:22 PM

We urge you to avoid attempting to give your latest NLRB nominees – Ms. [Sharon] Block and Mr. [Richard] Griffin – recess appointments at any point

Damn, they sound like they really mean it!

/we are doomed

roy_batty on December 20, 2011 at 6:42 PM

Well, hmm…

Maybe the Senate will put sanctions on the president…we see how effective those are against Iran.

Yeah….Senatorial Sanctions … nice ring….

ProfShadow on December 20, 2011 at 6:53 PM

As we have learn time and time again, “The Messiah of Hope and Change” waits for nothing or no one. Odumbo such an Arrogant B@stard!

RiCkY.D. on December 20, 2011 at 7:09 PM

Can you filibuster adjournment?

KW64 on December 20, 2011 at 5:52 PM

No! Unless the Rules of the Senate or the House are substantially different from Roberts Rules of Order, once made and seconded, a motion to adjourn is not debatable and must be submitted to a vote. And once the session is adjourned, it doesn’t matter who sticks around, the Senate is still in recess so the President can still do his Recess Appointments.

So, put elimination of the NLRB into every future bill that comes up after he does it.

Dusty on December 20, 2011 at 3:41 PM

Bingo! Next step after a deliberately provocative Recess Appointment is to defund the Board. And the House can do that immediately since the Government is running on a series of Continuing Resolutions in lieu of a real budget.

You want a war? We can do that!

Lew on December 20, 2011 at 10:30 PM

Hard to know how the GOP can stop a Democrat Senate majority…I don’t think they can filibuster this, can they? And even if they could, between Nancy Brown in Massachusetts and the Nitwit Sisters in Maine, would a filibuster even get the votes?

Hell, Nancy Graham will probably vote to confirm…again.

Jaibones on December 20, 2011 at 11:20 PM

Senate GOP to Obama: You better not make recess appointments to the NLRB

How nice… This letter might as well be printed on Cottonelle paper; given what Obama is planning to do with it

APasserBy on December 21, 2011 at 12:42 AM

I think the GOP should stay in session to prevent recess appointments, similar to what the Democrats did in the past to stop Bush from making recess appointments.
I’m sorry to ask anyone to miss Christmas breaks but this is too important and I have no doubt that Obama is chomping at the bit to ignore them and appoint people.

In fact, I was expecting the GOP to stay in session as a strategy and am sorely disappointed that they apparently don’t plan to do it.

lorettawm on December 21, 2011 at 9:57 AM

The only way this would have any effect is if they had put some teeth into it. Something along the lines of, “Feel free to make recess appointments to the NLRB, however, be advised that if you do so, those will be the last appointments you make during your Presidential term. Republicans will place holds on any and all nominees you place before the Senate during 2012. If, by some unfortunate circumstance you do manage to win re-election, be advised that the Senate will not recess for the ensuing 4 years. We hope you like your current staff, because that’s all you’re going to get. But by all means, feel free to make recess appointments to that board”

AZfederalist on December 20, 2011 at 6:05 PM

This would only play into his “do-nothing congress” meme. leftists never stop fighting and they don’t care what tactics they have to use to get what they want. Ever.

runawayyyy on December 21, 2011 at 11:34 AM