On January 11, President Bush announced a one-year recess appointment for Eugene Scalia, son of Supreme Court Justice Antonin Scalia, to serve as the Solicitor for the Department of Labor. The Bush White House cited Constitutional authority to appoint Scalia during the recess, escaping the Senate confirmation process while allowing Scalia to serve until Congress recesses again at the end of next year. The Senate Health, Education, Labor, and Pensions Committee narrowly approved Scalia by a vote of 11-10 on October 16, 2001, but the controversial nomination had not been brought to a vote on the floor when Congress adjourned in December.

As Solicitor, Scalia has jurisdiction over a wide range of legal and regulatory issues, ranging from mine safety and job training, to migrant workers and pension rights. A very controversial nomination, Scalia represents the most strident opponents of an ergonomics standard to protect workers against repetitive motion injuries. Scalia represents the typical Bush nominee, however, in that he has built his career opposing a specific regulation, and will now be in a powerful position at the very agency in charge of regulating the issue he has been fighting against. As Solicitor, his name will go on many briefs that find their way to the Supreme Court, which may require his father, Antonin, to recuse himself.

For more on Scalia and the line up of President Bush's nominations to Environmental, Health, Safety, and Civil Rights posts, see OMB Watch's first issue of the Executive Report, a monthly online report addressing regulatory and access to information issues (see related article, this issue).