Senate inaction

Senate action on presidential nominees could be delayed as Republicans and President Obama tussle over his controversial end-of-year, recess appointments.

President Obama angered Republicans when he used — the GOP says abused — his constitutional power to make appointments when Congress is in recess to name the head of the new Consumer Financial Protection Board and appoint three members to the National Labor Relations Board. The president names appointees to judgeships and numerous federal agencies with the advice and consent of the Senate, unless Congress is in recess.

Presidents of both parties have used recess appointments to get around filibustering and “holds” by senators, which allow them to stop Senate action on a nominee for any reason. In the case of President Obama’s disputed appointees, Republicans were blocking the nominations hoping to win concessions from the White House on issues unrelated to the individuals. Republicans want to limit the power granted to the consumer board and to force changes to NLRB policies, which they have been unable to do through legislation. President Obama, though, rejected the pro forma Senate sessions lasting just a few seconds that Republicans were using to prevent a recess, although Democrats had used the same tactic against President Bush. President Obama’s move outraged Republicans who saw it as an end run around the Constitution.

With Congress returning this week, Republicans are expected to use the confirmation process to retaliate.

“The Senate will need to take action to check and balance President Obama’s blatant attempt to circumvent the Senate and the Constitution,” Sen. Charles Grassley, R-Iowa, told the Associated Press. He is also ranking minority member on the Senate Judiciary Committee. Senate Minority Leader Mitch McConnell, R-Ky., has blocked Senate action on 60 nominees.

Agency operations can be impaired while the appointments languish in Congress. The president and the nominees are entitled to an open and fair hearing on their qualifications for the post. Then they deserve a Senate vote. This is not a partisan problem; it is bipartisan. Republicans and Democrats share blame in manipulating the rules to obstruct and delay.