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Tuesday, February 09, 2010

Law - Possible recess appointment for Dawn Johnsen floated

Manu Raju of Politico reports today:

Senate Majority Leader Harry Reid used to consider recess appointments “an end run around the Senate and the Constitution” — so much so that he kept the chamber open during breaks to prevent President George W. Bush from making any more of them.

But with a Democrat in the White House, and Republicans blocking executive branch nominees, Reid and his allies are starting to sing a different tune.

Reid said last week that he’s “tried hard” to avoid the need for President Barack Obama to make recess appointments, but he added: “What alternative do we have? * * *

Some are urging Obama to install some of his nominees during the Presidents Day recess the week of Feb. 15. On the top of the list: Craig Becker, Obama’s controversial, labor-backed nominee for the National Labor Relations Board.

Democrats will try to get the 60 votes necessary to break a GOP filibuster on Becker’s nomination Monday. But with the arrival of Sen. Scott Brown (R-Mass.), they’ve got just 59 likely votes, and it’s not clear whether they can persuade a single Republican senator to cross over on the cloture motion. * * *

In addition to Becker, there are a number of controversial appointments whose recess appointments could inflame Republican passions — including Dawn Johnsen, Obama’s nominee to head the Justice Department’s Office of Legal Counsel. Democrats said Obama could be on safer political ground if he uses early recess appointments to install national security nominees, including four to senior positions in the Pentagon.

ILB Note: Part of the Politico story turns on Senator Shelby's blanket hold on all Obama nomintees. That hold was lifted this morning.

Posted by Marcia Oddi on February 9, 2010 09:59 AM
Posted to General Law Related