Commentary Magazine


Topic: Harold Craig Becker

A Good Deal If. . .

Last night the Senate Republicans agreed to release holds on a number of Obama nominees: “The 27 confirmations mean no recess appointments will be needed during this break, top administration officials said. Recess appointments, which a president can make when Congress is not in session, are temporary and generally last to the end of the year.” Those confirmed are reportedly to be all noncontroversial, and do not include Dawn Johnsen (the radical lawyer proposed for the key role as the head of the Justice Department’s Office of Legal Counsel) or Harold Craig Becker (the National Labor Relations Board nominee who failed to survive a filibuster).

If this means that Obama will not exercise his recess appointment power to install Johnsen, Becker, and others, then this is a very good deal for conservatives. Moreover, it highlights just how unwise was Sen. Richard Shelby’s massive and indiscriminate hold on dozens and dozens of nominees. The proper role of the minority is not to obstruct willy-nilly but rather to exercise individual judgment in determining the qualifications, ethics, and potential biases of nominees. (Indeed, this is the obligation of the entire Senate, if those in the president’s party would refrain from elevating partisan loyalty above their constitutional obligation to provide advice and consent on presidential nominees.)

The arrival of Sen. Scott Brown has certainly had its impact. ObamaCare is grinding to a halt. If the president’s more extreme nominees can be shunted aside while permitting other, generally deserving nominees to assume their duties, then Republicans can rightly claim some credit. And more important, the country will be the better for it.

Last night the Senate Republicans agreed to release holds on a number of Obama nominees: “The 27 confirmations mean no recess appointments will be needed during this break, top administration officials said. Recess appointments, which a president can make when Congress is not in session, are temporary and generally last to the end of the year.” Those confirmed are reportedly to be all noncontroversial, and do not include Dawn Johnsen (the radical lawyer proposed for the key role as the head of the Justice Department’s Office of Legal Counsel) or Harold Craig Becker (the National Labor Relations Board nominee who failed to survive a filibuster).

If this means that Obama will not exercise his recess appointment power to install Johnsen, Becker, and others, then this is a very good deal for conservatives. Moreover, it highlights just how unwise was Sen. Richard Shelby’s massive and indiscriminate hold on dozens and dozens of nominees. The proper role of the minority is not to obstruct willy-nilly but rather to exercise individual judgment in determining the qualifications, ethics, and potential biases of nominees. (Indeed, this is the obligation of the entire Senate, if those in the president’s party would refrain from elevating partisan loyalty above their constitutional obligation to provide advice and consent on presidential nominees.)

The arrival of Sen. Scott Brown has certainly had its impact. ObamaCare is grinding to a halt. If the president’s more extreme nominees can be shunted aside while permitting other, generally deserving nominees to assume their duties, then Republicans can rightly claim some credit. And more important, the country will be the better for it.

Read Less

Flotsam and Jetsam

It’s about time someone took it to Meghan McCain: “She’s an über-cool politics chick with lots to say of the conventional-thinking NYTimesish variety, and she’s got credulous lefties lapping up her disses of conservatives like kittens at cream bowls.” And what better way to get that attention than to diss the woman who drives liberals mad? Funny how liberal pundits whine that the former governor, who has articulated positions on a range of issues, doesn’t “know anything,” but they’re willing to spend endless hours talking to a 25-year-old who’s, well, never done anything.

Lori Lowenthal Marcus has the goods on the latest J Street scam: “In short, J Street manipulated the Hillel of Greater Philadelphia (of which I am a board member) into leasing to them space in the Hillel building for their J Street Local launch by entering into a firm agreement, and then ignoring that agreement to Hillel’s detriment. J Street’s deception made Hillel’s carefully planned and extensive pre-event efforts to soothe concerned donors, students, and others that there was no—and that it would be made very clear that there was no—connection between Hillel and J Street.”

House Democrats aid the Justice Department in stonewalling on the New Black Panther Party case: “In their bid to protect President Obama’s liberal political appointees at the Justice Department, congressional Democrats are surrendering their responsibility to keep a presidential administration honest.”

Not so much sycophantic laughter in the White House briefing room: “‘There definitely aren’t a lot of laughs around the briefing room these days,’ says Washington Examiner White House correspondent Julie Mason. ‘Robert’s little digs and evasions have lost their power to amuse — particularly since we haven’t had a presser since July. … Reporters know how close the press secretary is to the president, and yet the quality of the information we get doesn’t often reflect that.” Well, rudeness and lack of candor are pretty much par for the course for the Obami.

Big Labor is steamed it’s gotten nothing for all those millions: “Labor groups are furious with the Democrats they helped put in office — and are threatening to stay home this fall when Democratic incumbents will need their help fending off Republican challengers. … The so-called ‘card check’ bill that would make it easier to unionize employees has gone nowhere. A pro-union Transportation Security Administration nominee quit before he even got a confirmation vote. And even though unions got a sweetheart deal to keep their health plans tax-free under the Senate health care bill, that bill has collapsed, leaving unions exposed again.” And not even Harold Craig Becker could get confirmed.

Obama is bringing people together — Paul Krugman and Bill Kristol agree that his crony-capitalism comments on Wall Street bonuses were horridly tone-deaf. Next thing you know, Jane Hamsher and Yuval Levin will agree on ObamaCare. Oh, wait. It takes real skill to build such a broad-based coalition.

It’s something, but hardly enough: “A day after Iran said it was beginning to feed low enriched uranium through centrifuges at its Natanz pilot facility to create nuclear medical isotopes, the U.S. has announced sanctions on four engineering firms said to be controlled by Iran’s Islamic Revolutionary Guards Corps (IRGC).”

Because Nancy Pelosi never met a tax cut she could support, this will be a problem: “House Majority Leader Steny Hoyer (D-Md.) is praising the Senate for including a payroll tax credit in its jobs package, but it could set up a battle in his House Democratic caucus. Economic conditions are ripe for a provision that serves as an incentive for employers to expand their workforces, in Hoyer’s vies. The economy is growing again, and surveys indicate growing confidence by business.” Republicans are probably lucky that Pelosi and not Hoyer is Speaker. Hoyer actually sounds in touch with reality.

Cognitive-dissonance alert! David Brooks warms to Rep. Paul Ryan’s vision: “Government would have very few decision-making powers. Instead it would essentially redistribute money so that individuals could better secure their own welfare provision. Medicare and Social Security would essentially be turned into cash programs. The elderly would receive $11,000 a year to purchase insurance. The tax code would be radically simplified.” But Obama doesn’t believe in any of that, so … ?

First, Michael Steele. Now Gov. David Paterson is playing the race card.

It’s about time someone took it to Meghan McCain: “She’s an über-cool politics chick with lots to say of the conventional-thinking NYTimesish variety, and she’s got credulous lefties lapping up her disses of conservatives like kittens at cream bowls.” And what better way to get that attention than to diss the woman who drives liberals mad? Funny how liberal pundits whine that the former governor, who has articulated positions on a range of issues, doesn’t “know anything,” but they’re willing to spend endless hours talking to a 25-year-old who’s, well, never done anything.

Lori Lowenthal Marcus has the goods on the latest J Street scam: “In short, J Street manipulated the Hillel of Greater Philadelphia (of which I am a board member) into leasing to them space in the Hillel building for their J Street Local launch by entering into a firm agreement, and then ignoring that agreement to Hillel’s detriment. J Street’s deception made Hillel’s carefully planned and extensive pre-event efforts to soothe concerned donors, students, and others that there was no—and that it would be made very clear that there was no—connection between Hillel and J Street.”

House Democrats aid the Justice Department in stonewalling on the New Black Panther Party case: “In their bid to protect President Obama’s liberal political appointees at the Justice Department, congressional Democrats are surrendering their responsibility to keep a presidential administration honest.”

Not so much sycophantic laughter in the White House briefing room: “‘There definitely aren’t a lot of laughs around the briefing room these days,’ says Washington Examiner White House correspondent Julie Mason. ‘Robert’s little digs and evasions have lost their power to amuse — particularly since we haven’t had a presser since July. … Reporters know how close the press secretary is to the president, and yet the quality of the information we get doesn’t often reflect that.” Well, rudeness and lack of candor are pretty much par for the course for the Obami.

Big Labor is steamed it’s gotten nothing for all those millions: “Labor groups are furious with the Democrats they helped put in office — and are threatening to stay home this fall when Democratic incumbents will need their help fending off Republican challengers. … The so-called ‘card check’ bill that would make it easier to unionize employees has gone nowhere. A pro-union Transportation Security Administration nominee quit before he even got a confirmation vote. And even though unions got a sweetheart deal to keep their health plans tax-free under the Senate health care bill, that bill has collapsed, leaving unions exposed again.” And not even Harold Craig Becker could get confirmed.

Obama is bringing people together — Paul Krugman and Bill Kristol agree that his crony-capitalism comments on Wall Street bonuses were horridly tone-deaf. Next thing you know, Jane Hamsher and Yuval Levin will agree on ObamaCare. Oh, wait. It takes real skill to build such a broad-based coalition.

It’s something, but hardly enough: “A day after Iran said it was beginning to feed low enriched uranium through centrifuges at its Natanz pilot facility to create nuclear medical isotopes, the U.S. has announced sanctions on four engineering firms said to be controlled by Iran’s Islamic Revolutionary Guards Corps (IRGC).”

Because Nancy Pelosi never met a tax cut she could support, this will be a problem: “House Majority Leader Steny Hoyer (D-Md.) is praising the Senate for including a payroll tax credit in its jobs package, but it could set up a battle in his House Democratic caucus. Economic conditions are ripe for a provision that serves as an incentive for employers to expand their workforces, in Hoyer’s vies. The economy is growing again, and surveys indicate growing confidence by business.” Republicans are probably lucky that Pelosi and not Hoyer is Speaker. Hoyer actually sounds in touch with reality.

Cognitive-dissonance alert! David Brooks warms to Rep. Paul Ryan’s vision: “Government would have very few decision-making powers. Instead it would essentially redistribute money so that individuals could better secure their own welfare provision. Medicare and Social Security would essentially be turned into cash programs. The elderly would receive $11,000 a year to purchase insurance. The tax code would be radically simplified.” But Obama doesn’t believe in any of that, so … ?

First, Michael Steele. Now Gov. David Paterson is playing the race card.

Read Less

Re: Becker Defeated

Regarding the defeat of Harold Craig Becker’s nomination, the Wall Street Journal‘s editors observe:

Democrats Ben Nelson and Blanche Lincoln joined with Republicans to block cloture on a closely watched vote on the appointment of a lawyer for Andy Stern’s Service Employees International Union to a seat on the National Labor Relations Board. … The message from yesterday’s cloture motion is sobering for the White House and its union allies. Support for their antigrowth agenda, from universal health care to easier unionization rules, is collapsing on the Hill almost as quickly as in the country at large.

True, but it is equally true that a number of Democrats in competitive races went to the mat for that anti-growth agenda on Becker, just as they have on a series of items on Obama’s far-Left agenda. Voting for cloture and for Becker were Michael Bennet of Colorado, Evan Bayh of Indiana, and of course, Harry Reid of Nevada. Voters back home may wonder why it is that these self-styled moderates cast votes for Big Labor’s favorite lawyer, who thinks, surprisingly enough, just like the Big Labor bosses. (“Among the nominees for the three open seats on the five-member board, his views stood out for their radicalism. In a law review article, Mr. Becker said the NLRB could rewrite union-election rules to favor labor by fiat—for example, by removing the requirement for a secret ballot.”)

But now the ball is in Obama’s court. Does he install Becker, thereby exposing the Big Labor toadyism of his administration and highlighting the faux centrism of Bennet, Bayh, Reid, and others? Or does he take this as a sign that there is a limited appetite for his extreme vision and equally extreme appointees? There is always reason to hope that, finally, Obama will notice the blinking warning lights (Go back! Even your own party can’t defend you!). But if he didn’t take the Scott Brown win to heart, he’s probably not all that impressed that his NLRB nominee didn’t get through.

Regarding the defeat of Harold Craig Becker’s nomination, the Wall Street Journal‘s editors observe:

Democrats Ben Nelson and Blanche Lincoln joined with Republicans to block cloture on a closely watched vote on the appointment of a lawyer for Andy Stern’s Service Employees International Union to a seat on the National Labor Relations Board. … The message from yesterday’s cloture motion is sobering for the White House and its union allies. Support for their antigrowth agenda, from universal health care to easier unionization rules, is collapsing on the Hill almost as quickly as in the country at large.

True, but it is equally true that a number of Democrats in competitive races went to the mat for that anti-growth agenda on Becker, just as they have on a series of items on Obama’s far-Left agenda. Voting for cloture and for Becker were Michael Bennet of Colorado, Evan Bayh of Indiana, and of course, Harry Reid of Nevada. Voters back home may wonder why it is that these self-styled moderates cast votes for Big Labor’s favorite lawyer, who thinks, surprisingly enough, just like the Big Labor bosses. (“Among the nominees for the three open seats on the five-member board, his views stood out for their radicalism. In a law review article, Mr. Becker said the NLRB could rewrite union-election rules to favor labor by fiat—for example, by removing the requirement for a secret ballot.”)

But now the ball is in Obama’s court. Does he install Becker, thereby exposing the Big Labor toadyism of his administration and highlighting the faux centrism of Bennet, Bayh, Reid, and others? Or does he take this as a sign that there is a limited appetite for his extreme vision and equally extreme appointees? There is always reason to hope that, finally, Obama will notice the blinking warning lights (Go back! Even your own party can’t defend you!). But if he didn’t take the Scott Brown win to heart, he’s probably not all that impressed that his NLRB nominee didn’t get through.

Read Less

Obama Labor Nominee Draws Democratic Opposition

It seems that the nomination of Harold Craig Becker to the National Labor Relations Board may finally be kaput. Republicans are uniformly opposed to the nominee, who is the SEIU and AFL-CIO’s lawyer and whose writings have offered the view that labor election laws can be rewritten by the NLRB without congressional authorization. Now Sen. Ben Nelson, struggling to get back into the good graces of conservatives and business groups, is coming out against Becker:

Sen. Ben Nelson (D-Neb.) announced Monday evening that he will support a Republican-led filibuster over President Barack Obama’s nominee to serve on the National Labor Relations Board. The move is likely to infuriate labor groups who have fought hard for Craig Becker’s nomination to serve on the five-member NLRB — and will likely give Republicans enough support to sustain a filibuster Tuesday.

A report by Congressional Quarterly (subscription required) states that other Democrats may oppose Becker, although none has done so publicly. If Becker can’t get through the Senate with 60 votes to break a filibuster, there is the potential for a recess appointment. It wouldn’t be the first recess appointment in recent memory, but it does speak volumes about how extreme Becker is (two other NLRB nominees face no organized opposition) and how Obama has failed to garner even a modicum of bipartisan support, whether in matters large (health care) or relatively small (a labor board nominee).

It seems that the nomination of Harold Craig Becker to the National Labor Relations Board may finally be kaput. Republicans are uniformly opposed to the nominee, who is the SEIU and AFL-CIO’s lawyer and whose writings have offered the view that labor election laws can be rewritten by the NLRB without congressional authorization. Now Sen. Ben Nelson, struggling to get back into the good graces of conservatives and business groups, is coming out against Becker:

Sen. Ben Nelson (D-Neb.) announced Monday evening that he will support a Republican-led filibuster over President Barack Obama’s nominee to serve on the National Labor Relations Board. The move is likely to infuriate labor groups who have fought hard for Craig Becker’s nomination to serve on the five-member NLRB — and will likely give Republicans enough support to sustain a filibuster Tuesday.

A report by Congressional Quarterly (subscription required) states that other Democrats may oppose Becker, although none has done so publicly. If Becker can’t get through the Senate with 60 votes to break a filibuster, there is the potential for a recess appointment. It wouldn’t be the first recess appointment in recent memory, but it does speak volumes about how extreme Becker is (two other NLRB nominees face no organized opposition) and how Obama has failed to garner even a modicum of bipartisan support, whether in matters large (health care) or relatively small (a labor board nominee).

Read Less

Flotsam and Jetsam

Sen. Richard Shelby’s hold on all Obama nominees to get his pork is getting slammed from all sides. For starters, it takes the focus off the truly egregious nominees (e.g., Dawn Johnsen, Harold Craig Becker).

And he’s done a bang-up job of giving the White House a rare moment on the high ground. “The White House on Friday shot back at Sen. Richard Shelby (R-Ala.) who recently took the unusual step of placing a blanket hold on all of the administration’s nominees. White House Communications Director Dan Pfeiffer accused Shelby of seeking political gain in preventing the government from doing its job.”

But it remains gloom and doom for Democrats at the DNC meeting: “In regional meetings and in the hallways of the downtown hotel where they were meeting, DNC members voiced frustration about their fortunes and, with a measure of urgency, plotted about how best to navigate through what is shaping up to be one of their most difficult election cycles in recent history. Some party officials sought to ward off complacency with pointed reminders about just how perilous this year could be.”

David Broder notes that there was no follow-up by the White House after the televised question-and-answer time with House Republicans, which suggests to Broder that “the president and his people may not realize the degree to which Republican frustration with Pelosi’s management of the House has created opportunities for Obama — if he is willing to engage as directly as he did in his Illinois Senate days.” Or maybe the whole question-and-answer routine was just more spin, and Obama has no intention of altering his far-Left agenda.

John Yoo takes Obama to task: “Obama believes the president should lead a revolution in society, the economy, and the political system, but defer on national security and foreign policy to the other branches of government. This upends the Framers’ vision of the presidency. They thought the chief executive’s powers would expand broadly to meet external challenges while playing a modest role at home.”

Back in September, the Los Angeles Times called on Eric Holder to come clean on the New Black Panther Party case. Now the Providence Journal turns up the heat: “Instead of letting questions fester about a potentially troublesome matter, the Obama administration should come clean about its decision to dismiss a case involving what looked like racist voter intimidation in 2008. Then, hopefully, everyone can move on. …The Justice Department may enforce our laws, but it is not above them. Instead of stonewalling, it should share with the public who made this decision to drop the case, and why.”

The State of the Union bounce seems to have faded: “The Rasmussen Reports daily Presidential Tracking Poll for Saturday shows that 26% of the nation’s voters Strongly Approve of the way that Barack Obama is performing his role as President. Forty-one percent (41%) Strongly Disapprove which Obama a Presidential Approval Index rating of -15. That matches the President’s ratings just before the State-of-the-Union Address.”

Sen. Kirsten Gillibrand might be asked why the repeal of the Bush tax cuts is good for her state: “Federal income-tax rates in the top brackets will be restored to their pre-2001 levels next year, the Bush-era cuts in capital gains and dividend taxes will be partially reversed, and itemized deductions for high-income filers (including deductions for state and local taxes) will be curtailed. If all of this comes to pass, it will spell trouble for the New York state budget for a simple reason: New York’s finances are balanced on a narrow pinnacle of high-income households, and higher federal taxes drive top-earning New Yorkers to lower their overall tax burdens by sheltering incomes, earning less, or moving to lower-tax states.”

Jonathan Chait calls Jamie Gorelick a “corrupt hack” for lobbying for lenders who don’t want the federal government to drive them out of the student loan business. Conservatives may not agree with the reason, but the conclusion — “cross Gorelick off the list of Democrats suitable to hold office” — is one that will get bipartisan support.

Sen. Richard Shelby’s hold on all Obama nominees to get his pork is getting slammed from all sides. For starters, it takes the focus off the truly egregious nominees (e.g., Dawn Johnsen, Harold Craig Becker).

And he’s done a bang-up job of giving the White House a rare moment on the high ground. “The White House on Friday shot back at Sen. Richard Shelby (R-Ala.) who recently took the unusual step of placing a blanket hold on all of the administration’s nominees. White House Communications Director Dan Pfeiffer accused Shelby of seeking political gain in preventing the government from doing its job.”

But it remains gloom and doom for Democrats at the DNC meeting: “In regional meetings and in the hallways of the downtown hotel where they were meeting, DNC members voiced frustration about their fortunes and, with a measure of urgency, plotted about how best to navigate through what is shaping up to be one of their most difficult election cycles in recent history. Some party officials sought to ward off complacency with pointed reminders about just how perilous this year could be.”

David Broder notes that there was no follow-up by the White House after the televised question-and-answer time with House Republicans, which suggests to Broder that “the president and his people may not realize the degree to which Republican frustration with Pelosi’s management of the House has created opportunities for Obama — if he is willing to engage as directly as he did in his Illinois Senate days.” Or maybe the whole question-and-answer routine was just more spin, and Obama has no intention of altering his far-Left agenda.

John Yoo takes Obama to task: “Obama believes the president should lead a revolution in society, the economy, and the political system, but defer on national security and foreign policy to the other branches of government. This upends the Framers’ vision of the presidency. They thought the chief executive’s powers would expand broadly to meet external challenges while playing a modest role at home.”

Back in September, the Los Angeles Times called on Eric Holder to come clean on the New Black Panther Party case. Now the Providence Journal turns up the heat: “Instead of letting questions fester about a potentially troublesome matter, the Obama administration should come clean about its decision to dismiss a case involving what looked like racist voter intimidation in 2008. Then, hopefully, everyone can move on. …The Justice Department may enforce our laws, but it is not above them. Instead of stonewalling, it should share with the public who made this decision to drop the case, and why.”

The State of the Union bounce seems to have faded: “The Rasmussen Reports daily Presidential Tracking Poll for Saturday shows that 26% of the nation’s voters Strongly Approve of the way that Barack Obama is performing his role as President. Forty-one percent (41%) Strongly Disapprove which Obama a Presidential Approval Index rating of -15. That matches the President’s ratings just before the State-of-the-Union Address.”

Sen. Kirsten Gillibrand might be asked why the repeal of the Bush tax cuts is good for her state: “Federal income-tax rates in the top brackets will be restored to their pre-2001 levels next year, the Bush-era cuts in capital gains and dividend taxes will be partially reversed, and itemized deductions for high-income filers (including deductions for state and local taxes) will be curtailed. If all of this comes to pass, it will spell trouble for the New York state budget for a simple reason: New York’s finances are balanced on a narrow pinnacle of high-income households, and higher federal taxes drive top-earning New Yorkers to lower their overall tax burdens by sheltering incomes, earning less, or moving to lower-tax states.”

Jonathan Chait calls Jamie Gorelick a “corrupt hack” for lobbying for lenders who don’t want the federal government to drive them out of the student loan business. Conservatives may not agree with the reason, but the conclusion — “cross Gorelick off the list of Democrats suitable to hold office” — is one that will get bipartisan support.

Read Less

Re: Re: Laboring for Obama

As I suspected, the nomination of Harold Craig Becker to the National Labor Relations Board seems to be in peril. Republican Sens. Mike Enzi and Lisa Murkowski, who previously supported his nomination last fall, voted against Becker in a straight party-line vote today in committee. Enzi in a statement explained his objections:

Mr. Becker’s answers to written questions that senators submitted previously on these views are vague, and sometimes non-responsive due to his attorney relationship with both SEIU and the AFL-CIO . . This has left open the real possibility that Mr. Becker would reinterpret the National Labor Relations Act to limit the ability of employers to participate in the process, or tilt the playing field unfairly in the direction of labor union leaders.

And today, Scott Brown joined the Senate as the 41st Republican vote, enough for a filibuster of Becker’s nomination, should it come to that. The real question for voters remains, or should remain, why every single Democrat would rubber stamp a nominee who is obviously so biased and so committed to one side in labor disputes. The NLRB is supposed to be a neutral body that interprets federal labor law. Who really thinks the associate general counsel to both the Service Employees International Union and the AFL-CIO is going to give employers a fair shake? Can any senator buy Becker’s testimony that he no longer believes his own writings advocating that the Board can radically change labor law without Congressional authorization? Let’s be honest: this was a big giveaway to Big Labor that could only have been delivered if 60 Democrats were willing to hold their noses and vote to confirm him.

Well, Brown’s appearance will have a dramatic effect on the Senate. ObamaCare is already comatose. Perhaps without the luxury of a filibuster-proof majority, the quality of the Obama nominees will also improve.

As I suspected, the nomination of Harold Craig Becker to the National Labor Relations Board seems to be in peril. Republican Sens. Mike Enzi and Lisa Murkowski, who previously supported his nomination last fall, voted against Becker in a straight party-line vote today in committee. Enzi in a statement explained his objections:

Mr. Becker’s answers to written questions that senators submitted previously on these views are vague, and sometimes non-responsive due to his attorney relationship with both SEIU and the AFL-CIO . . This has left open the real possibility that Mr. Becker would reinterpret the National Labor Relations Act to limit the ability of employers to participate in the process, or tilt the playing field unfairly in the direction of labor union leaders.

And today, Scott Brown joined the Senate as the 41st Republican vote, enough for a filibuster of Becker’s nomination, should it come to that. The real question for voters remains, or should remain, why every single Democrat would rubber stamp a nominee who is obviously so biased and so committed to one side in labor disputes. The NLRB is supposed to be a neutral body that interprets federal labor law. Who really thinks the associate general counsel to both the Service Employees International Union and the AFL-CIO is going to give employers a fair shake? Can any senator buy Becker’s testimony that he no longer believes his own writings advocating that the Board can radically change labor law without Congressional authorization? Let’s be honest: this was a big giveaway to Big Labor that could only have been delivered if 60 Democrats were willing to hold their noses and vote to confirm him.

Well, Brown’s appearance will have a dramatic effect on the Senate. ObamaCare is already comatose. Perhaps without the luxury of a filibuster-proof majority, the quality of the Obama nominees will also improve.

Read Less

Flotsam and Jetsam

Katie Couric will interview Obama live from the Super Bowl because we haven’t seen enough of him, and what he really needs is to communicate more with the American people. Well, that’s apparently what they think inside the White House cocoon. More cowbell!

Mickey Kaus thinks Obama’s excuse mongering about the health-care bill (“we were just about to clean those up [objections to the bill], and then Massachusetts’ election happened”) is a “stunning admission of incompetence.” So maybe the president does have a communications problem, after all. If you can’t read a calendar or follow election polls, you should keep it to yourself.

The Hill: “The House is unlikely to extend President George W. Bush’s cuts for taxpayers earning more than $250,000, Majority Leader Steny Hoyer (D-Md.) said Wednesday. … Allowing the tax breaks to expire at the end of the year will spark election-year criticism that Democrats are raising taxes. Congress approved the tax cuts in 2001 and 2003. Democrats are worried about losing seats in November’s midterm election, but Hoyer discounted the idea of his party losing seats solely because of a tax increase.” Well, he’s right — there is also all the red ink, ObamaCare, cap-and-trade, and the sleazy backroom dealings.

Foaming at the mouth and comparing Republicans to Hitler is not such a winning TV-ratings combination anymore. Andrew Malcolm tells us: “Olbermann’s showboat is sinking. Listing in you-know-which direction. It’s as if he thinks talking LOUDER will keep his low cell battery from dying. Worst, Olbermann’s network president, Phil Griffin, is publicly praising him, always an ominous sign in television.”

Dana Perino reminds us: “The context in which the Bush administration was operating is important. President Bush authorized detaining terrorists as enemy combatants in November 2001, two months or so after 9/11. The Shoe Bomber was arrested in December 2001, only a month after President Bush’s order. At that point, there was no system in place to handle enemy combatants. … Perhaps the more interesting context is how months after the administration announced a High Value Detainee Interrogation Group they could not meet after Abdulmutallab’s attempt because … it hadn’t even been set up yet.”

Karl Rove points out: “The budget is filled with gimmicks. For example, the president is calling for a domestic, nonsecurity, discretionary spending freeze. But that freeze doesn’t apply to a $282 billion proposed second stimulus package. It also doesn’t apply to the $519 billion that has yet to be spent from the first stimulus bill. The federal civilian work force is also not frozen. It is projected to rise to 1.43 million employees in 2010, up from 1.2 million in 2008.” And it seems that the mainstream media and the public are increasingly on to this sort of stunt. That may account for all the Democratic retirements: “Democrats are in the midst of the painful realization: Mr. Obama’s words cannot save them from the power of bad ideas.”

But Obama is telling Senate Democrats that “I think the natural political instinct is to tread lightly, keep your head down and to play it safe.” Translation: go ahead, pass ObamaCare, and join Martha Coakley, Jon Corzine, Creigh Deeds, Chris Dodd, and Byron Dorgan. The president tells them “the answer is not to do nothing.” I think “nothing” is looking like the best of bad options for the beleaguered Senate Democrats, who are now contemplating a serious reduction in their ranks.

The gamesmanship finally ends: “Massachusetts Senator-elect Scott Brown will be sworn in Thursday, according to Jim Manley, the spokesman for Senate Majority Leader Harry Reid, D-Nev. Brown’s lawyer today asked that the election results in his state be immediately certified so that he can be sworn in right away. Initially Brown was scheduled to take office next week, but has since decided he wants to vote on upcoming nominations for solicitor general, the General Services Administration and the National Labor Relations Board.” That probably means that Harold Craig Becker’s nomination is in trouble.

Katie Couric will interview Obama live from the Super Bowl because we haven’t seen enough of him, and what he really needs is to communicate more with the American people. Well, that’s apparently what they think inside the White House cocoon. More cowbell!

Mickey Kaus thinks Obama’s excuse mongering about the health-care bill (“we were just about to clean those up [objections to the bill], and then Massachusetts’ election happened”) is a “stunning admission of incompetence.” So maybe the president does have a communications problem, after all. If you can’t read a calendar or follow election polls, you should keep it to yourself.

The Hill: “The House is unlikely to extend President George W. Bush’s cuts for taxpayers earning more than $250,000, Majority Leader Steny Hoyer (D-Md.) said Wednesday. … Allowing the tax breaks to expire at the end of the year will spark election-year criticism that Democrats are raising taxes. Congress approved the tax cuts in 2001 and 2003. Democrats are worried about losing seats in November’s midterm election, but Hoyer discounted the idea of his party losing seats solely because of a tax increase.” Well, he’s right — there is also all the red ink, ObamaCare, cap-and-trade, and the sleazy backroom dealings.

Foaming at the mouth and comparing Republicans to Hitler is not such a winning TV-ratings combination anymore. Andrew Malcolm tells us: “Olbermann’s showboat is sinking. Listing in you-know-which direction. It’s as if he thinks talking LOUDER will keep his low cell battery from dying. Worst, Olbermann’s network president, Phil Griffin, is publicly praising him, always an ominous sign in television.”

Dana Perino reminds us: “The context in which the Bush administration was operating is important. President Bush authorized detaining terrorists as enemy combatants in November 2001, two months or so after 9/11. The Shoe Bomber was arrested in December 2001, only a month after President Bush’s order. At that point, there was no system in place to handle enemy combatants. … Perhaps the more interesting context is how months after the administration announced a High Value Detainee Interrogation Group they could not meet after Abdulmutallab’s attempt because … it hadn’t even been set up yet.”

Karl Rove points out: “The budget is filled with gimmicks. For example, the president is calling for a domestic, nonsecurity, discretionary spending freeze. But that freeze doesn’t apply to a $282 billion proposed second stimulus package. It also doesn’t apply to the $519 billion that has yet to be spent from the first stimulus bill. The federal civilian work force is also not frozen. It is projected to rise to 1.43 million employees in 2010, up from 1.2 million in 2008.” And it seems that the mainstream media and the public are increasingly on to this sort of stunt. That may account for all the Democratic retirements: “Democrats are in the midst of the painful realization: Mr. Obama’s words cannot save them from the power of bad ideas.”

But Obama is telling Senate Democrats that “I think the natural political instinct is to tread lightly, keep your head down and to play it safe.” Translation: go ahead, pass ObamaCare, and join Martha Coakley, Jon Corzine, Creigh Deeds, Chris Dodd, and Byron Dorgan. The president tells them “the answer is not to do nothing.” I think “nothing” is looking like the best of bad options for the beleaguered Senate Democrats, who are now contemplating a serious reduction in their ranks.

The gamesmanship finally ends: “Massachusetts Senator-elect Scott Brown will be sworn in Thursday, according to Jim Manley, the spokesman for Senate Majority Leader Harry Reid, D-Nev. Brown’s lawyer today asked that the election results in his state be immediately certified so that he can be sworn in right away. Initially Brown was scheduled to take office next week, but has since decided he wants to vote on upcoming nominations for solicitor general, the General Services Administration and the National Labor Relations Board.” That probably means that Harold Craig Becker’s nomination is in trouble.

Read Less

Re: Laboring for Obama

Obama’s nominee to the National Labor Relations Board, Harold Craig Becker, came under fire in his senate confirmation hearing yesterday. As controversial nominee are wont to do, he tried to distance himself from his past writings:

Sen. Johnny Isakson (R., Ga.) expressed concern that Becker’s writings “have indicated a belief that the NLRB has the power to make some of the dramatic changes in the card-check bill.” The so-called card-check legislation, supported by Obama and Democrats in Congress, would allow unions to bypass secret-ballot elections and instead organize in workplaces by collecting signed cards from workers.

Becker on Tuesday suggested that he now doesn’t believe the board could take such a step, distancing himself from the writings.

“The law is clear that the decision…(of) an alternative route to certification rests with Congress and not the board,” Becker said, adding that the writings were “intended to be provocative and to ask fundamental questions in order for scholars and others to re-evaluate.”

Now, he’s all about implementing the will of Congress, you see. (“‘If confirmed, my decisions, unlike the views of a scholar, will have practical, concrete and important consequences,’ he told members of the Senate Health, Education, Labor and Pension Committee. ‘I will have a duty to implement the intent of Congress.’”) That, of course, marks a stark reversal from his 1993 law review article, in which he claimed just the opposite, namely that election rules should be redrafted to favor unions and that the NLRB could do this all on its own without Congressional authorization.

Then the issue of his association with the SEIU surfaced:

Becker saw tough questioning from Sen. John McCain (R. Ariz.) over whether he would recuse himself from cases before the NLRB involving the Service Employees International Union, where Becker most recently worked. Becker said he would recuse himself from cases involving the Service Employees International Union for two years but stopped short of saying what he would do so in a case mentioned by McCain involving a local chapter of the union.

“If any other matter arises in which any questions can be raised or might be raised about my impartiality, I will take that very seriously,” Becker said.

McCain told Becker “that’s not good enough.”

The real question is whether Harry Reid will try to jam this nomination through before Scott Brown is seated next week and Republicans can mount a successful filibuster. If Reid decides to force the vote with Sen. Paul Kirk still casting votes nearly a month after the Massachusetts election, it will be one more example of the excesses of one-party rule – in which a president beholden to political patrons can put up a nominee with obvious bias and ethical problems, knowing that his dutiful senate allies will rubber stamp his choice. And what of those Red State senators who swear to their constituents that they exercise independent judgment? They keep assuring their constituents that they don’t simply do the bidding of their ultra-liberal leadership. Oh well, another time perhaps. Now, one suspects it is time to ram through a favor for Big Labor.

Obama’s nominee to the National Labor Relations Board, Harold Craig Becker, came under fire in his senate confirmation hearing yesterday. As controversial nominee are wont to do, he tried to distance himself from his past writings:

Sen. Johnny Isakson (R., Ga.) expressed concern that Becker’s writings “have indicated a belief that the NLRB has the power to make some of the dramatic changes in the card-check bill.” The so-called card-check legislation, supported by Obama and Democrats in Congress, would allow unions to bypass secret-ballot elections and instead organize in workplaces by collecting signed cards from workers.

Becker on Tuesday suggested that he now doesn’t believe the board could take such a step, distancing himself from the writings.

“The law is clear that the decision…(of) an alternative route to certification rests with Congress and not the board,” Becker said, adding that the writings were “intended to be provocative and to ask fundamental questions in order for scholars and others to re-evaluate.”

Now, he’s all about implementing the will of Congress, you see. (“‘If confirmed, my decisions, unlike the views of a scholar, will have practical, concrete and important consequences,’ he told members of the Senate Health, Education, Labor and Pension Committee. ‘I will have a duty to implement the intent of Congress.’”) That, of course, marks a stark reversal from his 1993 law review article, in which he claimed just the opposite, namely that election rules should be redrafted to favor unions and that the NLRB could do this all on its own without Congressional authorization.

Then the issue of his association with the SEIU surfaced:

Becker saw tough questioning from Sen. John McCain (R. Ariz.) over whether he would recuse himself from cases before the NLRB involving the Service Employees International Union, where Becker most recently worked. Becker said he would recuse himself from cases involving the Service Employees International Union for two years but stopped short of saying what he would do so in a case mentioned by McCain involving a local chapter of the union.

“If any other matter arises in which any questions can be raised or might be raised about my impartiality, I will take that very seriously,” Becker said.

McCain told Becker “that’s not good enough.”

The real question is whether Harry Reid will try to jam this nomination through before Scott Brown is seated next week and Republicans can mount a successful filibuster. If Reid decides to force the vote with Sen. Paul Kirk still casting votes nearly a month after the Massachusetts election, it will be one more example of the excesses of one-party rule – in which a president beholden to political patrons can put up a nominee with obvious bias and ethical problems, knowing that his dutiful senate allies will rubber stamp his choice. And what of those Red State senators who swear to their constituents that they exercise independent judgment? They keep assuring their constituents that they don’t simply do the bidding of their ultra-liberal leadership. Oh well, another time perhaps. Now, one suspects it is time to ram through a favor for Big Labor.

Read Less

Laboring for Obama

As others have aptly detailed, Patricia Smith, Obama’s nominee for solicitor of labor, has a problem with telling the truth. In an extraordinary detailed account, Republican senators have documented her repeated misstatements concerning a New York wage and hour program, the intention to expand the program, the involvement of organized labor in devising the program, and the intention of Big Labor to use the program to facilitate organizing efforts. She was passed out of committee on a straight party-line vote and last night, with Sen. Paul Kirk still casting votes, the Senate invoked cloture, 60-32. So this seems to be one gift to Big Labor on which the Democrats can still deliver. (Yes, there is something pernicious about keeping Kirk there to vote in favors for Obama’s Big Labor patrons.)

But it is not the only gift to Big Labor coming from the Democrats. There is also the nomination of Harold Craig Becker to the National Labor Relations Board. His hearing is set for today. Who is Becker? Here’s a handy summary:

Mr. Becker is associate general counsel at the Service Employees International Union (SEIU), which is most recently in the news for its close ties to Acorn, the disgraced housing shakedown operation. President Obama nominated Mr. Becker in April to the five-member NLRB, which has the critical job of supervising union elections, investigating labor practices, and interpreting the National Labor Relations Act. In a 1993 Minnesota Law Review article, written when he was a UCLA professor, Mr. Becker argued for rewriting current union-election rules in favor of labor. And he suggested the NLRB could do this by regulatory fiat, without a vote of Congress.

In that law-review article, Becker argues that employers should be not be allowed to attend NLRB hearings about elections and shouldn’t be permitted to challenge election results even if unions engage in misconduct. Under his regime, elections would not be held at workplaces and could be conducted by mail (a recipe for union intimidation and fraud). In Becker’s legal world, employers would not be permitted to even assign observers at elections to detect fraud.

And Becker too has a candor problem, previously refusing to answer questions as to whether he drafted pro-Labor executive orders for the Obama administration while still on the SEIU’s payroll. Aside from his obvious fidelity to Big Labor, his apparent willingness to implement a ridiculously biased set of rules through executive fiat and his reluctance to come clean on his work for the Obami, there are his Chicago connections:

One of the many accusations leveled against former Illinois Governor Rod Blagojevich is that he accepted money from the SEIU in return for taking actions giving collective bargaining rights to Illinois home health-care workers. While Mr. Becker denies any knowledge of, or role in, contributions to the former Governor, he does admit that he provided “advice and counsel to SEIU relating to proposed executive orders and proposed legislation giving homecare workers a right to organize and engage in collective bargaining under state law.”

Mr. Becker says he “worked with and provided advice” to SEIU Local 880 in Chicago, a beneficiary of the newly unionized health workers, and one of two SEIU locals currently in the national spotlight for its deep ties with Acorn. Mr. Becker denies working for Acorn or its affiliates, but as recently as April Acorn co-founder Wade Rathke praised Mr. Becker by name, noting “For my money, Craig’s signal contribution has been his work in crafting and executing the legal strategies and protections which have allowed the effective organization of informal workers, and by this I mean home health-care workers.”

Unlike Smith, Becker may not get a vote before Scott Brown is sworn in.

These two nominees tell us much about the Democrats and their dependence on Big Labor. When Obama talks about the unseemly influence of “special interests,” we should look no further than these two nominees, who—one supposes—are small consolation prizes to Big Labor, which has gotten precious little else from this adminstration after giving millions to elect Obama and large Democratic majorities in Congress. It is also yet another argument in favor of divided government. Without the comfort of huge Democratic majorities to rubber stamp its appointments, the White House would presumably think twice before sending up such defective nominees.

As others have aptly detailed, Patricia Smith, Obama’s nominee for solicitor of labor, has a problem with telling the truth. In an extraordinary detailed account, Republican senators have documented her repeated misstatements concerning a New York wage and hour program, the intention to expand the program, the involvement of organized labor in devising the program, and the intention of Big Labor to use the program to facilitate organizing efforts. She was passed out of committee on a straight party-line vote and last night, with Sen. Paul Kirk still casting votes, the Senate invoked cloture, 60-32. So this seems to be one gift to Big Labor on which the Democrats can still deliver. (Yes, there is something pernicious about keeping Kirk there to vote in favors for Obama’s Big Labor patrons.)

But it is not the only gift to Big Labor coming from the Democrats. There is also the nomination of Harold Craig Becker to the National Labor Relations Board. His hearing is set for today. Who is Becker? Here’s a handy summary:

Mr. Becker is associate general counsel at the Service Employees International Union (SEIU), which is most recently in the news for its close ties to Acorn, the disgraced housing shakedown operation. President Obama nominated Mr. Becker in April to the five-member NLRB, which has the critical job of supervising union elections, investigating labor practices, and interpreting the National Labor Relations Act. In a 1993 Minnesota Law Review article, written when he was a UCLA professor, Mr. Becker argued for rewriting current union-election rules in favor of labor. And he suggested the NLRB could do this by regulatory fiat, without a vote of Congress.

In that law-review article, Becker argues that employers should be not be allowed to attend NLRB hearings about elections and shouldn’t be permitted to challenge election results even if unions engage in misconduct. Under his regime, elections would not be held at workplaces and could be conducted by mail (a recipe for union intimidation and fraud). In Becker’s legal world, employers would not be permitted to even assign observers at elections to detect fraud.

And Becker too has a candor problem, previously refusing to answer questions as to whether he drafted pro-Labor executive orders for the Obama administration while still on the SEIU’s payroll. Aside from his obvious fidelity to Big Labor, his apparent willingness to implement a ridiculously biased set of rules through executive fiat and his reluctance to come clean on his work for the Obami, there are his Chicago connections:

One of the many accusations leveled against former Illinois Governor Rod Blagojevich is that he accepted money from the SEIU in return for taking actions giving collective bargaining rights to Illinois home health-care workers. While Mr. Becker denies any knowledge of, or role in, contributions to the former Governor, he does admit that he provided “advice and counsel to SEIU relating to proposed executive orders and proposed legislation giving homecare workers a right to organize and engage in collective bargaining under state law.”

Mr. Becker says he “worked with and provided advice” to SEIU Local 880 in Chicago, a beneficiary of the newly unionized health workers, and one of two SEIU locals currently in the national spotlight for its deep ties with Acorn. Mr. Becker denies working for Acorn or its affiliates, but as recently as April Acorn co-founder Wade Rathke praised Mr. Becker by name, noting “For my money, Craig’s signal contribution has been his work in crafting and executing the legal strategies and protections which have allowed the effective organization of informal workers, and by this I mean home health-care workers.”

Unlike Smith, Becker may not get a vote before Scott Brown is sworn in.

These two nominees tell us much about the Democrats and their dependence on Big Labor. When Obama talks about the unseemly influence of “special interests,” we should look no further than these two nominees, who—one supposes—are small consolation prizes to Big Labor, which has gotten precious little else from this adminstration after giving millions to elect Obama and large Democratic majorities in Congress. It is also yet another argument in favor of divided government. Without the comfort of huge Democratic majorities to rubber stamp its appointments, the White House would presumably think twice before sending up such defective nominees.

Read Less




Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor to our site, you are allowed 8 free articles this month.
This is your first of 8 free articles.

If you are already a digital subscriber, log in here »

Print subscriber? For free access to the website and iPad, register here »

To subscribe, click here to see our subscription offers »

Please note this is an advertisement skip this ad
Clearly, you have a passion for ideas.
Subscribe today for unlimited digital access to the publication that shapes the minds of the people who shape our world.
Get for just
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
YOU HAVE READ OF 8 FREE ARTICLES THIS MONTH.
FOR JUST
Welcome to Commentary Magazine.
We hope you enjoy your visit.
As a visitor, you are allowed 8 free articles.
This is your first article.
You have read of 8 free articles this month.
YOU HAVE READ 8 OF 8
FREE ARTICLES THIS MONTH.
for full access to
CommentaryMagazine.com
INCLUDES FULL ACCESS TO:
Digital subscriber?
Print subscriber? Get free access »
Call to subscribe: 1-800-829-6270
You can also subscribe
on your computer at
CommentaryMagazine.com.
LOG IN WITH YOUR
COMMENTARY MAGAZINE ID
Don't have a CommentaryMagazine.com log in?
CREATE A COMMENTARY
LOG IN ID
Enter you email address and password below. A confirmation email will be sent to the email address that you provide.