Mark Spring had this commentary on the impact of the election on the EFCA.
I disagree with his analysis in the following regards:
- Spring questions whether “newly elected Senators from traditional Republican states” would support it. Who, exactly, are those? Merkley, Shaheen, Warner, Udall, and the other Udall are from blue states. If Franken wins, so is he. Assuming Begich and Martin win, those are the only two. In addition, I think there might be three or four votes from the Northeastern Republicans. In other words, I think the votes for cloture are already there. The votes to pass are certainly there.
- Liebermann’s differences with the Democratic party stem from his foreign policy views. Unless he completely changes his views, he is fairly consistent pro labor vote. He had a “lifetime right” 84% rating from the AFL-CIO as recent as a few years ago.
- Spring’s view that the economy being worse might give some senators pause on this. Whatever political stripe you come from, you have to see that this economic downturn has pushed the electorate to the left, not the right. Therefore, I don’t think the souring economy will stop this.
Accordingly, if I presume that the EFCA, in some form, will pass and that employers should be ready for it.


