Harry Reid filed for cloture for the nomination of Patricia Smith to be the Department of Labor’s Solicitor, or lead lawyer. The vote will take place on Monday and require 60 Senators to pass.
Patricia Smith was nominated in April and had a hearing in May, but has since been held up by the Senate HELP committee’s ranking Republican Mike Enzi of Wyoming. Thomas Frank writes in WSJ about Enzi’s hold:
What Mr. Enzi claims to find intolerable about Ms. Smith is the way she has described New York’s “Wage Watch” program, which encourages employees to report labor law violations. In a letter to President Barack Obama, Mr. Enzi claimed there were “four significant inconsistencies between Ms Smith’s statements” and documents describing the program. One of which—prepare yourself—concerns just who came up with the idea for the program. Ms. Smith originally said it was somebody in her department, but later she allowed that one of her lieutenants may have gotten the idea from someone who didn’t work for the department. Woe betide those who get their ideas from others!
Mr. Enzi characterizes Ms. Smith’s mistakes as damning errors, but the real issue is regulation, and government’s willingness to enforce it. We now know that it wasn’t a good idea to defund and demoralize the agencies that were supposed to supervise the financial industry, but the lesson should go much deeper than that. The late Bush administration practiced regulatory euthanasia all across Washington, and the consequences have been felt in every corner of the economy. [...]
Yet the menace of outreach is why conservatives objected to the “Wage Watch” program even before they decided that the real problem was Ms. Smith’s statements. It was a dangerous scheme, Mr. Enzi’s office asserted in a statement quoted by Crain’s New York Business; a program that would “endow union organizers and community activist groups like ACORN with vigilante power.”
Indeed, Smith has been an incredibly effective regulator in New York State, cracking down on wage and hour violations and better enforcing the state’s labor laws. It’s that very effectiveness that scares Enzi and conservatives into holding Smith’s nomination. Pat Garofalo writes at the Wonk Room about Smith’s successes:
The New York Times has called Smith “one of the nation’s foremost labor commissioners because of her vigorous efforts to crack down on minimum wage and overtime violations at businesses including restaurants, supermarkets, car washes and racetracks.” During her time with the New York State Labor Department, where she is labor commissioner, Smith helped win more than $20 million in back pay for thousands of low-wage workers, including a record $2.3 million settlement with the owner of Ollie’s Noodle Shop and Grill chain in Manhattan.
As David Madland and Karla Walter pointed out, “too often penalties [for labor law violations] are easily reduced or levied for low amounts, and the solicitor’s office has minimized civil and criminal liability for the worst violators.” Smith can change that, if only her nomination could come to a vote.
Check back here on Monday for news and analysis of the vote.



19 Comments









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About Work in Progress
Tsk, tsk. Can’t have that. She is clearly unacceptable. /s
Why not 50 votes like Bernanke?
Harry Cloture strikes again. The Democrats have made a number of nearly fatal mistakes over the years, but number one among them is that they should have voted in a Democrat to be their Senate Majority Leader. This practice of having Republicans for Senate Majority Leaders when the Republicans are in power, and Republicans with ‘D’s as Senate Majority Leaders when the Democrats are in power is fundamentally flawed.
How DARE someone actually enforce laws and regulations?
Yeah, in fact it looks to me like the Democrat Party is fatally flawed.
I’ll betcha Senator Douche Bag would scream to the heavens if he were some-how cheated out of one thin dime of this paycheck.
Look for the Smith nomination to be withdrawn no later than Tuesday.
Maybe President Obama will go to bat for her and stand up to the Republicans on this.
/joke
indeed!
Would you mind NOT using the right wing, grammatically incorrect usage like that? It’s a little thing and it might make you feel better but all it does is make you look like a troll and I know you’ve been around FDL long enough that you’re not a troll.
Sorry, I guess I’d better find some other way of insulting them.
:-)
That will happen the day I’m mistaken for Eva Longoria.
Remind me again, who nominated her?
And there are many ways to do so without sounding like a right wing apologist. :})
Smith has been an incredibly effective regulator in New York State, cracking down on wage and hour violations and better enforcing the state’s labor laws.
Well doG knows we can’t have any of that. It would destroy the economy and civilization as we know it. I am only surprised that Enzi did not call for her to be shipped to Gitmo and waterboarded as a terrorist.
Plenty of people have noticed that Reid has stretched the required vote out to 60 again after the squeaker, in a historical sense, for Bernanke used the number that must not be mentioned. Of course Bernanke protects the TBTF, failed to predict the bubbles and apparently doesn’t think he should do anything but react to the problems of last year. Patricia Smith’s sins are that she does her job well, solves problems for employees instead of corporations and is proactive. Not highly prized characteristics in DC.
Oh Gods NO! somebody who knows how to do a job efficiently in government?!?!?!?! AVERT! AVERT!
Are they going to do Dawn Johnsen before the St. Brown gets sworn in?
The only thing surprising me about this nominee is that she has not paused to take a good look around. Then she would know she is alone, with no genuine support from the WH. Because Ms. Smith was appointed back in April, I can understand that she would like to see this through. It should be apparent that her main fault is in not having tax problems. She would stand a better chance of confirmation.
Same old, different day. They do a kabuki show of having some weak “protest” over Bernanki, and then: voila! Republican incompetent Bernanke is in like flynn without all the palaver & dog & pony shows about cloture & 60 votes and so on.
And here we go again: another female and/or minority who is, GASP, good at their job, and whaddaya know?? The Republics are obstructionist as usual, and Harry-the-unsecret-Republic Reed does nothing whatsover (color me unsurprised) until the 11th hour, and then, by golly, we’re back around the mulberry bush talking about cloture & 60 votes again.
Those Democratic voters who come to FDL to excoriate us DFH’s for not being more “supportive” of Rahmabama & the Dims had better start taking notes. One SOTU address does not make for good “leadership,” nor does it indicate that ObamaRahma have done much of anything to support the very constituents who donated to the campaign and/or voted for BHO.
As I said to friends when Bernanki got in: what’s the difference having BHO as POTUS v. Bush?????? I’m not really seeing it. Bernanki!!! ack ugh ick
THIS is TYPICAL of this Admin: vote in the REPUBLICAN incompetants with narry a hitch, but BULK incessantly at competent Democratic nominees at every single turn (and then make up some additional stuff to drag out, delay and slow the whole process).
Can anyone here please explain to me WHY I should unquestioningly support BHO under such cirmcumstances??
Agree also that this nominee will get no support from the Rahmbama admin. We’re lucky that she’s stuck it out so far, but don’t get on her getting in… gawd knows, she hasn’t stuck to the masses enough.