Cut through all the procedural blather and that's the essence of the Senate's "deal" Tuesday over the 60-vote filibuster rule. While Democrats didn't formally pull the trigger of the "nuclear option" to allow a mere majority vote to confirm nominees, they have now established a de facto majority-vote rule. Any time Democrats want to do so, they can threaten to pull the majority trigger.
Republicans might as well acknowledge this new reality, even if it means admitting defeat in this round. GOP Senators should state clearly for the record that the next time there is a GOP President and a Democratic Senate minority wants to block an appointment with a filibuster, fuhgedaboutit. Majority rule will prevail.
Otherwise Republicans will be conceding that the filibuster remains the rule—except when Democrats say it isn't. Democrats would be able to use the filibuster to block confirmation of GOP nominees the way they did John Bolton for U.N. Ambassador during the Bush Presidency, but Republicans couldn't return the favor. Bottom line: This week Democrats killed the filibuster against executive-branch appointees when the same party holds the White House and Senate.
They did so, moreover, to serve AFL-CIO chief Trumka, who all but ordered Mr. Reid to threaten the nuclear option. Big Labor desperately wants a quorum of at least three National Labor Relations Board nominees to keep issuing pro-union orders that have become the NLRB's standard operating procedure in the Obama years. Today there are only three board members and Chairman Mark Pearce is set to resign on August 27.
Under Tuesday's Senate deal, the Obama Administration will agree to withdraw the nominations of the two NLRB board members whom Mr. Obama first appointed in January 2012 as recess appointments though the Senate wasn't in recess. The President will then nominate two new pro-union board members, whom Republicans won't filibuster, as well as two GOP nominees. Mr. Trumka gets his new legal quorum.
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