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Another filibuster and another one bites the dust: The Senate failed to confirm union lawyer Craig Becker to the National Labor Relations Board on Monday, falling short of the 60 votes necessary to break a Republican filibuster with just 52 yay votes. The pro-labor nominee was not helped by the fact that Democratic Senator Ben Nelson came out against him. Now, even The Wall Street Journal is reporting on “whether the institution [the Senate] is broken.” President Obama announced on Monday that he is considering “recess appointments”—a move that, by making appointments while the Senate is in recess, will allow nominees to serve for up to a year without official confirmation.