[Congressional Record Volume 159, Number 102 (Wednesday, July 17, 2013)]
[Senate]
[Pages S5749-S5750]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE NOMINATIONS
Mr. LEAHY. Mr. President, yesterday was a good day for the Senate. I
want to praise the majority leader, who brought the Senate back from
the brink, and the hard work of Senators from both parties who listened
to each other during a lengthy discussion. In particular, I thank
Senator Wicker for suggesting Monday night's bipartisan caucus, which
allowed for a much needed dialogue among all Senators, and Senator
McCain for his efforts to bring both sides together. The last time we
held a bipartisan caucus meeting, in April, it was to hear Senator
McCain discuss his experience as a prisoner of war. In all my time in
the Senate, that was a particularly memorable evening for me. It is my
hope these kinds of bipartisan discussions, like the one we had Monday
night, will lead to better communication in the Senate and help us work
together more effectively so we can address the problems that Americans
face.
Until yesterday, Senate Republicans had been blocking votes on
several important Executive nominations, including Richard Cordray to
be Director of the Consumer Financial Protection Bureau; Gina McCarthy
to be Administrator of the Environmental Protection Agency; Tom Perez
to be Secretary of Labor; and three of the five nominees to the
National Labor Relations Board. Rather than arising from substantive
opposition to these individual nominees, this obstruction was a
partisan attempt to sabotage and eviscerate these agencies which
protect consumers, the clean air and water that the American people
want and deserve, and American workers. For example, I am unaware of
any personal opposition to Richard Cordray, but Senate Republicans
simply refused even to allow a confirmation vote for the director of an
agency that they dislike. His confirmation last night, 2 years after he
was first nominated, means that the CFPB is now truly empowered to
protect American consumers.
During my 38 years in the Senate, I have served with Democratic
majorities and Republican majorities, during Republican administrations
and Democratic ones. Whether in the majority or the minority, whether
the chairman or ranking member of a committee, I have always stood for
the protection of the rights of the minority. Even when the minority
has voted differently than I have or opposed what I have supported, I
have defended their rights and held to my belief that the best
traditions of the Senate would win out and that the 100 of us who
represent over 310 million Americans would do the right thing.
Yet over the last 4 years, Senate Republicans have changed the
tradition of the Senate with their escalating obstruction, and these
actions threaten the Senate's ability to do the work of the American
people.
Instead of trying to work across the aisle on efforts to help the
American people at a time of economic challenges, Senate Republicans
have relied on the unprecedented use of the filibuster to thwart
progress. They have long since crossed the line from use of the Senate
rules to abuse of the rules, exploiting them to undermine our ability
to solve national problems.
Filibusters that were once used rarely have now become a common
occurrence, with Senate Republicans raising procedural barriers even to
considering legislation or to voting on the kinds of noncontroversial
nominations the Senate once confirmed regularly and quickly by
unanimous consent. The majority leader has been required to file
cloture just to ensure that the Senate makes any progress at all to
address our national and economic security, and a supermajority of the
Senate is now needed even to allow a vote on basic issues.
That is not how the Senate should work or has worked. The Senate has
a tradition of comity, with rules that function only with the kind of
consent that previously was almost always given. The rules are not
designed to encourage Senators to obstruct at every turn. The Senate
does not function if an entire caucus takes every opportunity to use
obscure procedural loopholes to stand in the way of a vote because they
might disagree with the result. Without serious steps to curtail these
abuses, the approach taken during the Obama administration by Senate
Republicans risks turning the rules of the Senate into a farce and
calls into question the ability of the Senate to perform its
constitutional functions.
I was hopeful that the agreement reached earlier this year by the
majority leader and the Republican leader represented a serious step
toward restoring the Senate's ability to work for the American people.
I was hopeful that the Republican Senators who joined with Senate
Democrats in January would follow through on their commitment to
curtail the abuse of Senate rules and practices that have marred the
last 4 years.
That is why I was so disappointed by the continued obstruction
President Obama's nominees have been facing. This obstruction has
serious consequences for the American people. The harm being done is no
more readily apparent than with the Republican effort to shut down the
National Labor Relations Board. It was critical that we reach a
workable agreement with Senate Republicans to confirm nominees to the
NLRB to ensure it will be able to function--rather than leave it in its
current situation of facing a shutdown due to lack of quorum at the end
of next month. Shutting down the NLRB would deny justice to American
workers, stripping them of their right to organize and to speak out in
favor of fair wages and decent working conditions without fear of
retaliation. It would also prevent employees from creating a union, or
for that matter, voting to end union representation. Without an NLRB,
employers will also be hurt because they will be unable to stop
unlawful activities by unions, including unlawful strikes. Workers and
employers depend on the NLRB, and Senate Republicans should allow votes
on the President's nominees so that the Board can do its job.
Last week, some Senate Republicans declared that they could never
allow a vote on the NLRB nominees who had received recess appointments
to those positions, because the recess appointments have been
determined by the DC Circuit to be illegal. However, according to that
ruling by the DC Circuit, a total of 141 of President Bush's recess
appointments were illegal. I do not recall any Senate Republicans
arguing that those nominees should not be allowed a vote.
Senate Republicans should have considered President Obama's NLRB
nominees on their own merits, and, even if they would ultimately have
opposed them, they should have allowed the Senate to hold an up-or-down
vote. I have no doubt that if considered on their own merits the two
previously recess-appointed NLRB nominees would have been confirmed and
would have continued to serve the Nation well.
These filibusters have been damaging to the Senate and our Nation.
When it comes to Executive nominations, a President should have wide
discretion to staff his or her administration.
Our form of representative democracy requires a degree of self-
restraint from all of us for the legislative system to work for the
good of the Nation and for the well-being of the American people. I
believe that the strong cloture and confirmation votes on Richard
Cordray's nomination yesterday reflect an acknowledgement of this
principle by some Senate Republicans. While this deal leaves in place
both the majority's ability to pursue further rules reform and the
minority's ability to filibuster executive branch nominations, I hope
that neither tool will be used. If the Senate Republicans who voted
with us yesterday to invoke cloture on Richard Cordray continue to
cooperate and work with us to allow
[[Page S5750]]
fair consideration of President Obama's, or any President's, executive
branch nominations, the deal reached yesterday will rightfully be seen
as an important step in restoring the Senate's ability to function.
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