Free Markets, Free People

Did Republicans cave to avoid the “nuclear option” in the Senate?

Jonathan Chait certainly thinks so:

Unlike the last time Democrats threatened to change the Senate rules, and backed down without winning anything, this time they won something important: They broke Senate Republicans’ ability to hold presidential appointments hostage. It’s a total victory for the Democrats.

In fact, Chait says the bottom line is this:

Democrats had proposed to change the Senate’s rules to prevent filibusters on executive branch nominations (but not to ban filibusters of legislation or judicial nominees). They’ve won.


Republicans got one face-saving concession: Democrats have to pick new names for the NLRB. This became an issue because Obama tried to execute an end-run around Congress by appointing them to their positions when Congress was functionally, though not technically, in recess, and was struck down by the Republican-controlled D.C. circuit court.

You can obviously tell which side Chait comes down on if you didn’t know before.   The D.C. circuit court struck it down not because it is “Republican-controlled” but because the appointments were Constitutionally illegal. By the way, so did the Third circuit court.

But it leaves us with a very interesting question.  If the Democrats agreed to have two new appointments made to the NLRB, aren’t they at least tacitly admitting the current two appointments are illegal?  And if so, what does that make any rulings the current NLRB made during that time it was illegally constituted?  Common sense says those rulings should be invalidated, don’t you think?  And that’s what Cablevision is still asking.  It was one of the companies this illegally constituted board issued a ruling against:

“The role of Congress is to ensure a balanced NLRB and the Obama Administration bypassed Congress in order to stack the NLRB in favor of Big Labor. Two different federal courts — the D.C. Circuit and the Third Circuit — have established that the NLRB is illegally constituted and has no authority to take action. The NLRB continues to ignore these rulings, and we ask the Supreme Court to compel the NLRB to immediately halt its unlawful proceedings against Cablevision.”

Will anyone address this?  Will anyone actually take action to annul these rulings from an illegally constituted board? Or, as usual, will we see it ignored, the injustice shrugged off and the usual lack of accountability further enshrined in our political culture?


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19 Responses to Did Republicans cave to avoid the “nuclear option” in the Senate?

  • The Democrats have shown they do not care one whit about any stinkin’ Constitutional requirements except when it is to their advantage and only on their watch.  Put a Republican administration (ala Bush 1 or 2) in charge and every constitutional requirement is theirs to uphold and glorify.  The day the Democratic motto became “the ends justify the means” was the day I left the Democratic party (I was a JFK Democrat once upon a time).  And it has only gotten worse over the years, not better.

  • The GOP are ball-less idiots.  I’d have let Reid change the options, and whenever the Senate was retaken (be it next year or in 20 years) use those same powers to just ram through the agenda, be it nominees, be it funding slashes, abolishing departments – or more.
    I no longer care. I see where this is all going.  History and human nature make what’s going to happen within the next 50 years an inevitability.

    • GOP are a bunch of old white men afraid of the race card being played against them if they confront Obama because it would be political death.  The race carded the Tea Party and among the faithful and most of the middle, it worked. 

      Not only do they fear the race card, they validate it when they play it against their fellow party members when they don’t go along with “immigration reform”. 

      At some point we decided that in accusations of racism, its guilty until proven innocent.  Until that changes, the media and the Democrats hold power over the Republican politicians.  I would be surprised if the Democrats ran anything but Black candidates for Presidential office (if they can find one they like that’s electable) from now to the end of time. 

    • I agree. Maybe the current GOP Senators felt they’d have no face time or power without keeping their filibuster options…
      I think it would have made the House tougher and made people more willing to not vote Dems into the Senate from Red States.

  • Will anyone actually take action to annul these rulings from an illegally constituted board?

    Believe there are cases pending right now.

  • “Will anyone address this?  Will anyone actually take action to annul these rulings from an illegally constituted board?”
    Asked and answered, no.
    You can however, call in you Zimmerman dirt to the hotline to see justice done.

  • Republican-controlled D.C. circuit court ?
    How about “Democrat controlled IRS” or “Democrat controlled Freddie Mac”

  • For the DC Establishment GOP, any question that begins “Did Republicans cave…”, has a 98%+ probability that the answer will be “yes”.

    By my estimate, anyway.

  • Guys!  Are there NOT cases pending in the Federal courts?  Are some of us here getting all poor-mouthed with no reason????

  • O/T, but…
    But Erp assures us there is no scandal here.  Because he is a tool for the moonbattery.

  • I don’t see this quite the same way.
    When you add it all up, the Republicans got the Democrats to make a few minor concession … and the Democrats “went nuclear” for executive appointments … with the Republicans agreeing not to make too much noise.
    I fully expect the Democrats to try to wash this away if the Republicans take control.

  • Cruz summed this up brilliantly – the Republicans preserved their right to surrender at a later date.