They know that even under the best circumstances, justice is hard to come by. Now, the Senate is making it virtually impossible for workers to gain the justice they deserve. And what does that say about our democracy?
President Obama has nominated five people to the National Labor Relations Board. Two are Republicans. All are waiting for confirmation by the Senate. These nominees should be confirmed so the NLRB can get back to work.
Today the NLRB has no teeth, but if H.R. 1120 has its way, tomorrow it might not survive. A vote for H.R. 1120 is a vote to send this country to a pre-1935 era, before the National Labor Relations Act.
What is striking about the DC Circuit opinion is not its bottom line, but the scope of its reasoning. Despite a pretense of constitutional modesty, the court decided the Recess Appointments issue on the broadest possible ground.
Of course, the Senate is not intended to be a rubber stamp. But stalling nomination votes simply to keep laws from being enforced -- effectively repealing the laws that cannot be enforced without the nominees in place -- is utterly inconsistent with the Senate's proper confirmation role.