Reject David Michaels as Head of OSHA!

David Michaels is a radical left-wing ideologue who supports junk science. He is one the nation's foremost proponents of allowing junk science to be used in jackpot-justice lawsuits. He wants to reverse the Supreme Court’s Daubert decision limiting the use of junk science. Michaels also seeks to ban useful products from the workplace based on imaginary risks.

On 18 November, the Senate Health Committee approved Michaels to head the Occupational Safety and Health Administration (OSHA). The vote occurred with no discussion, and no hearing was even held on his nomination, although hearings have consistently been held on nominees in the past, even for far less controversial picks. Only two Senators -- both Republicans -- had the courage and wisdom to vote against the Obama nominee.

Michaels views "gun violence" as a "public health" issue that demands more and stronger regulation. He wants to ban guns in and near workplaces, and could use his position at OSHA to do so. As more and more government officials, such as Michaels, view private gun ownership as a public health menace, it seems logical to them to use the powers of government to urge or even require employers to forbid workers from possessing guns on company premises, up to and including parking lots, ostensibly for the protection of co-workers.

OSHA already has earned a reputation of radical leftist anti-business and anti-liberty activism. For example, OSHA has authority to regulate the working conditions of various job categories associated with firearms and their use (security guards, hunting guides, sporting goods stores, shooting ranges, etc.) and could, in that capacity, do much to infringe Second Amendment liberty. For example, in mid 2007, OSHA quietly tried to implement new regulations that would have essentially banned ammunition. They came within hours of accomplishing that goal! With Michaels at the helm, OSHA will grow even more dangerous!

The authors of the US Constitution wisely provided for Senate confirmation of all presidential nominees. The purpose of this process is to protect the US Constitution and the liberties it guarantees from an activist and power-hungry administration. Therefore, Senators must make all decisions regarding presidential appointees based not only on the nominee's professional qualifications but more importantly on his/her respect for the Constitution and not on whether he/she is politically correct (politically cleansed).

On taking office, every Senator takes the following oath:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

Senators do not take an oath to any political ideology, political party, party leader, king, or president. They take an oath to "support and defend the Constitution of the United States against all enemies, foreign and domestic." In recent decades -- and especially during the current administration -- the Senate has done a horrible job in protecting the US Constitution because Senators make their decisions based on political ideology -- not the nominee's qualification or his/her potential effect on liberty. In fact, Senator Orin Hatch wrote to me a few months ago that he believes a president should have whomever he chooses!

Clearly, the Senate must expedite confirmation of presidential nominees who have a solid record of applying the original intent of the Constitution and halt consideration of all nominees from any administration who do not respect the rule of law or who are hostile to any individual liberty guaranteed by the US Constitution and the Bill of Rights. Compromise is giving in to the enemies of liberty. There must be no compromise!

OSHA is an agency that desperately needs a leader with sound judgment and who knows, understands, and respects the US Constitution. David Michaels does not fit that description. He must be rejected!