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Political Dispute Over Boeing Plant Escalates

Publication Date: 
August 19, 2011
Source: 
The Miami Herald
Author: 
James Rosen

Professor Michael McConnell is quoted by James Rosen of the Miami Herald on the legal hurdles NLRB acting general counsel Lafe Solomon may face by refusing to provide certain documents to the House Oversight and Government Reform Committee in regards to the NLRB's bid to prevent Boeing from opening a jet-manufacturing plant in South Carolina.

The Republican-led battle against the chief federal labor agency is escalating, with the head of a key congressional oversight panel and the top lawyer for the National Labor Relations Board accusing each other of flouting constitutional and legal constraints.

The fight is ostensibly over the NLRB's bid to prevent Boeing from opening a jet-manufacturing plant in South Carolina. But GOP lawmakers are portraying it as Exhibit A in their case against President Barack Obama's alleged regulatory overreach.

...

Stanford University law professor Michael McConnell, a former federal appellate judge, also said that Solomon might face a high legal hurdle in trying not to comply fully with the subpoena.

"I would have to know more about what is being subpoenaed and what the claim of privilege is," McConnell said. "But I would be surprised if there were any pertinent claim of privilege. This is a civil and administrative matter, where there are broad rules of public access and discovery."