A Tale of Two Democratic Nebraskan Senators

With the 1978 Labor Law Reform Act (as recounted in the Orrin Hatch biography "Leading the Charge" by Lee Roderick, Chapter 7), Democrats wielding control of all of Congress and the White House [sound familiar?] sought to greatly expand the power of the Unions by easing election rules and expanding federal power exercised by the NLRB (National Labor Relations Board).

Economist Pierre Rinfret projected the measure to have a severe inflationary effect on an already bumpy economy while Carter-administration pollster Pat Caddell showed the President the people wanted unions to have less, not greater power. The Senate, then with a 61 Democratic +1 Independent supermajority needed the help of moderate Democrats to stay in line with with the party in order to avoid being filibustered by the Republicans.

The filibuster endured several weeks and repeated failed attempts by Majority Leader Robert Byrd at cloture, but the last Democratic holdout--a Nebraskan Senator by the name of Ed Zorkinsky seemed on the verge of wavering just before a record-setting sixth cloture vote on a single bill (ten years later Byrd would later push the record to eight attempts in 1988). "Leading the Charge" describes the pressure on Zorinsky thus:

Hatch calls Zorinsky and says he must have his vote today. Zorinsky sounds haunted. Hatch guesses that Byrd worked him over last night, Zorinsky confirms it: "They promised me everything."

"Ed, you didn't give in did you?"

"No, but you can only count me as a mushy no," says Zorinsky, meaning he's still with Hatch--barely. "If I change my mind I'll call you." (p. 98)

Yet Zorinsky went on to stick to his convictions and became the deciding holdout vote against big government and big unions when 58 Senators had voted for filibuster-ending cloture and a 59th had announced on the floor his conversion. The bill was defeated and the filibuster held.

When I read this story, I reflected on the contrast to the modern-day story of another Senator from Nebraska--Ben Nelson¹--and the infamous "Cornhusker Kickback" he received in exchange for his vote a year ago this month for cloture on another economy-busting Democratic bill: Obamacare.

As 2012 elections slowly begin to roll around, I hope we will not forget the damage Ben Nelson did to our country through his vote and find someone better in Nebraska with Zorinsky-like toughness to vote for what is right.

¹ Coincidentally, Nelson occupies the selfsame Class I seat previously held by Zorinsky

Hatch: Leading the Charge Against Kagan?

Some time ago I realized that simply being a voter was an insufficient enough participation level for me to consider myself a defender of the Constitution. That is a fundamental reason why I created Nacilbupera.

Likewise, with the regard to the nomination of Elena Kagan, it is insufficient enough for me to have my two Senators--Hatch and Bennett--simply verbally oppose the nomination of yet another Constitiution-ripper-upper. I need action. Every legal action possible. And with a scheduled July 13th vote in Committee, time is drawning short.

Judiciary Committee veteran Hatch must be found "Leading the Charge" (as the title of my autographed Hatch biography states he does) of a massive filibuster of this nominee Kagan whose ideology would veer from the strict power granted the Federal Government by "We the People." Hatch's judicial nominee opinions seem to carry a large amount of weight in the Senate. If Hatch is unwilling to use the power we the citizens of Utah have vested in him to defend our Constitution, then then time is ripe in 2012 to find another more willing to do so.

Senators Hatch and Bennett: will accept your duty as vested you by the People of the State of Utah and Lead the Charge? Or, Senator Hatch, must we find another to Lead the Charge as we found Mike Lee to replace Bob Bennett?