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More than 10 months of the Bush Administration remain, and the government is already limping toward the finish line.

You know about the crippled Federal Election Commission, the government's campaign finance watchdog that has been crippled for two months now. Sen. John McCain (R-AZ) certainly doesn't need reminding of the situation.

But that's not all. As the Politico reports, negotiations between the Senate leadership and the White House are at such an impasse over nominees that the Consumer Product Safety Commission, the Council of Economic Advisers, the National Labor Relations Board, the U.S. Chemical Safety and Hazard Investigation Board, and the Federal Mine Safety and Health Review Commission are all crippled.

Update: A TPM Reader reminds us that the SEC is also crippled: it currently has three Republican commissioners and no Democrats.

Now, of course, the White House points the finger at Senate Majority Leader Harry Reid (D-NV), and Reid points it right back.

But it's funny how people get suspicious of a stridently pro-business administration when it lets half a dozen regulatory bodies go dark. From the Politico:

“It’s the worst last year of a two-term presidency since we created a two-term presidency,” said Paul Light, an expert on federal nominations at New York University. “It’s a real tribute to the problems of the Bush administration that [Bush’s] eighth year is even worse than Clinton’s.”...

Light said that Bush’s ambivalence toward government regulation plays a role in the stalemate. “If the Consumer Product Safety Commission is not able to promulgate rules, is that a bad thing for an anti-regulatory administration? Probably not,” he said. “If you’re in an anti-regulatory mood, having a regulatory commission unable to regulate is not necessarily a bad thing, especially if it’s going to regulate against industry.”

So who's to blame? In a lengthy letter to the White House yesterday, Reid laid out his rebuffed offers for compromises on nominees, offers to confirm as many as 80 Republican nominations in exchange for confirmation of eight Democratic slots on various federal boards and agencies.

But the fight over the FEC can serve as a fitting test case. Democrats object to the nomination of Hans von Spakovsky to be a commissioner, because of his vote suppression bona fides and role in politicizing the Justice Department's Civil Rights Division. Spakovsky, who originally got on the FEC via a Bush recess appointment (which has expired), is one of four pending nominees -- two Dems, two GOPers.

Democrats, particularly Sens. Barack Obama (D-IL) and Russ Feingold (D-WI) vowed to block any vote on the commissioners as a block, i.e. a vote that would consider the commissioners all together. Democrats finally offered in December to hold a simple majority vote on Spakovsky separately. If he got 51 votes, he would go through and the fight would be over. Republicans refused, still insisting that it was all or nothing.

And that's where things stand today. The White House so far refuses to nominate anyone else -- at the same time complaining that its nominees are entitled to an "up-or-down vote," which is precisely what the Democrats have offered here.

Meanwhile, if no compromise is reached, we can look forward to a very, very interesting election.

Update: Another TPM Reader writes in to add:

The impasse is also impacting the Nuclear Regulatory Commission, which is down to only three Commissioners. If the impasse isn't resolved soon, the NRC will be down to only two Commissioners in July. At that point, there won't be a quorum of Commissioners and the Chairman will have to devolve power to the Executive Director of Operations (the head of the NRC Staff). This could not come at a worse time. The NRC has received the 6 applications, the first in 30 years, to construct new nuclear power plants and, as a result, will be busier than it has been in decades. The Yucca Mountain application is also expected later this year. This is a problem for both parties: for pro-nuclear Bush, the renaissanace of nuclear power might be his only positive legacy, and, for Democrats, nuclear power is just about the only real solution to carbon emissions at this point.

7 Comments

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Why is anyone surprised? This is what the Gingrich Revolution promised. Tom DeLay got into politics because he thought the regulations on pesticides cramped his style when he was an exterminator.
Fascists. All of 'em.

In addition, while not a regulatory agency, NASA has stifled any meaningful evaluation of data related to air safety:

http://www.philly.com/inquirer/world_us/20080101_NASA_releases_a_cryptic_study_of_air_safety.html

NASA grudgingly released some results yesterday from an $11.3 million federal air safety study it previously withheld from the public over concerns it would upset travelers and hurt airline profits. The data reflect hundreds of cases where pilots flew too close to other planes, plunged from altitude, or landed at airports without clearance.

NASA published the findings - contained in 16,208 pages - but did not provide a road map to understanding them, making it cumbersome for any thorough analysis by outsiders. Released on New Year's Eve, the unprecedented research conducted over nearly four years relates to safety problems identified by 25,000 commercial pilots and more than 4,000 private pilots interviewed by telephone.

user-pic

How about a new law: after 60 days of stalemate, new nominees must be selceted. Of course we need a new Senate to overide the veto....

user-pic

Malfeasance, misfeasance and nonfeasance.

This administration has figured out a way to drown government in a bathtub while still pocketing all the money.

And what does Bush Chaney do with letters from congress?

Maybe congress should pass a law that allows them to manage those agencies that have unfilled positions for more than two months. Or just do it anyway, declare an emergency and ignore the petty dictator.

Or they could go ahead and consider each nominee individually in the case of FEC.

Sure, maybe it could be interpreted as violating separation of powers, but that could be looked at over the next couple of years. And even then, would a court ruling apply? Use the same tactics on these people, they're traitors, treat them as such.

user-pic

I am attempting to deconstruct the procedural manuever pursuant to which the minority is able to vindicate an interest in preventing a vote on each nominee as his or her nomination is reported out of the relevant committee.

I presume it is the threat to filibuster the confirmation.

If so, Reid is an ass not to bring up the individual nomination in regular order, and let McConnell have at it.

At least there would be no White House bleating about "up or down votes"

user-pic

This seems to be the culmination of a Buscheney master plan. With no regulation possible, business, industry, candidates, and PACs can do whatever they want.

What I can't understand is how this is attractive to these people except in the short term. They're all going to make tons of money and have lots of power NOW, but it can't last. At some point factories will fall apart and sins will be revealed, to think of only a couple of results.

And their beloved stock market, which, from what I can understand, is holding on merely because Bernanke keeps lowering the interest rate (which doesn't have much farther to go down), must eventually crash. What do they all do then?

Can't they think of regulation in terms of the Ten Commandments*? Even God decided it was time for some regulation when things got out of hand. Guess what, greedy bastards, things have gotten out of hand.

*Since most of those guys can't name all of them and probably violate at least two of them every day, maybe they revere the Ten Commandments just in theory.

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