Jun 26, 2014
Following is CWA's statement on the U.S. Supreme Court's Noel Canning decision, a case that challenged recess nominations made by President Obama.
Today's Supreme decision is a sharp reminder that the U.S. Senate functions under archaic procedures that must change. That's especially true of the rule requiring a super-majority, or 60 votes, for the Senate to recess.
The Senate rules are at the heart of this decision and the Constitution is clear that the Senate has the right to set its own rules.
In every other democratic meeting, from the local city council to any major parliamentary body, proceedings are recessed by a majority vote. Only the U.S. Senate requires a super-majority to proceed to debate on most motions, legislation and including the motion to recess.
We have seen the consequences of this rule. It's been a key tactic used by the Senate minority to block confirmation of the president's executive and judicial nominations. Senate Minority Leader Mitch McConnell made his party's intentions clear when he said his goal was to make President Obama a one-term president. When that didn't succeed, the Senate minority stepped up a campaign of delay and obstruction, of appointments and any progressive legislative advances. The minority's strategy of refusing to proceed to a vote for any recess has made a mockery of the Senate's role in government.
The Senate's constitutional duty is to review the president's nominees through "advice and consent" – not use parliamentary tricks to impede his policy agenda.
For thousands of workers, this decision has real-life consequences. Some 120 decisions made by the National Labor Relations Board in the period contested by the Noel Canning lawsuit may be challenged and justice for thousands of workers will be delayed, and in practice, denied.
The need for real Senate rules reform has never been clearer, or more urgent. CWA and our allies, working together in the Democracy Initiative, are keeping up the fight for Senate rules changes. Critical is an end to the super-majority vote requirement that blocks debate and discussion of nearly all Senate business, even the motion to recess.