UPDATE, 5/24, 6:15a: Someone wrote the obvious yesterday: Obama has to make a recess appointment with a Democrat majority?
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On May 13 Democrat Senate Majority Leader Harry Reid said he didn’t have the votes to confirm Dawn “pregnancy is slavery” Johnsen to head the Dept. of Justice’s Office of Legal Counsel. Seems her überliberal ways have gotten in her way.
dawn johnson 5.jpgNow word is fellow überliberal, Barack Obama, may appoint Johnsen to the position during the upcoming Memorial Day recess, bypassing the Senate. This would allow Johnsen to serve until the end of 111th Congress (January 2011), at which time she would have to be renominated and redo Senate confirmation proceedings. CQ reported today:

During the 110th Congress… Reid vigilantly scheduled pro forma sessions to prevent President George Bush from making recess appointments of nominees that Democrats found objectionable….

But with… Obama in the White House, the NV senator has ceased that practice. Now Republicans are bracing for the possibility that Obama could use next week’s Memorial Day break to make a recess appointment for embattled nominee Dawn Johnsen…..
Such a move could be particularly contentious as the White House prepares to announce its pick for a coming Supreme Court vacancy.
Republican Orrin Hatch of UT, a former Judiciary chairman who still sits on the panel, said it would “create a lot of irritation….”

Such a move, with all its accompanying publicity, would also redraw attention to Obama’s radical pro-abortion position. It’s becoming apparent that every time Obama instigates a fight with pro-lifers, abortion becomes less popular. And with each fight Obama becomes more branded.
So while I, of course, don’t want Johnsen to get the DOJ position, its trade-off would be riling Republicans re: the Supreme Court fight as well as spotlighting once again how radical Obama and his friends are on abortion.
Another skirmish Obama might win while continuing to cede the war.