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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Thursday, October 16, 2014

Battle for Senate Puts White House Agenda on Hold

Wall Street Journal
By Carol E. Lee
October 15, 2014

President Barack Obama‘s decision to delay naming an attorney general nominee until after next month’s midterm elections is the latest example of congressional politics dictating White House policies as the parties battle for control of the Senate.

Mr. Obama announced last month that he wouldn’t take executive action on immigration until after the Nov. 4 election, breaking his promise to do so by the end of the summer because it could hurt Democratic candidates. White House officials now expect Mr. Obama to announce executive action in early December.

This past spring, the administration evaded another sensitive political issue by putting off a decision on the Keystone XL pipeline until at least after the midterms. The issue has divided Democrats and threatened to either alienate key parts of the party base such as environmental activists, if approved, or hurt Democratic candidates running tight races in conservative states like Louisiana.

The White House announced on Tuesday that Mr. Obama will now put off announcing an attorney general nominee until early or mid-November because he doesn’t want to inject the issue into the elections. As was the case with immigration and the Keystone XL pipeline, a White House official said Senate Democrats asked the White House for the delay.

The concern was that Republicans would use the nominee as a litmus test for Democrats, White House officials said, forcing candidates to say whether they would vote for Mr. Obama’s nominee if they won their Senate races.

The decision to punt contentions issues underscores how concerned Democrats are about losing control of the Senate, and how much of a sideline role Mr. Obama is playing in helping determine the outcome.

The delays also put a series of politically fraught issues on Mr. Obama’s plate during the lame-duck session.

In addition to immigration, Keystone XL and the attorney general, Mr. Obama faces a Nov. 24 deadline for a nuclear deal with Iran. The White House would also like to move forward on trade pacts that divide Mr. Obama’s own party and that Democrats pressed Mr. Obama to set aside until after the elections.

Some White House officials say Mr. Obama will jam through his attorney general nominee in the lame-duck session if Democrats lose control of the Senate, a move that would generate backlash among Republicans.

The president is considering several candidates to replace Mr. Holder, including his former legal counsel Kathryn Ruemmler, who could face a tough confirmation hearing given her central role in key White House decisions from 2011 to 2014.


White House press secretary Josh Earnest said once Mr. Obama makes his choice he expects the Senate “will act quickly and in a bipartisan fashion to confirm that person.”

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