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First court challenge filed against Obama's recess appointments
The Hill ^ | January 13, 2012 | Kevin Bogardus

Posted on 01/13/2012 2:42:42 PM PST by jazusamo

The National Right to Work Foundation filed a motion Friday that challenges the legality of President Obama’s recess appointments to the National Labor Relations Board (NLRB).

The motion, filed in the U.S. District Court for the District of Columbia, is a joint action with the Coalition for a Democratic Workplace and the National Federation of Independent Business (NFIB).

It is the first legal action that questions the president’s recent recess appointments, which he made earlier this month over the fierce objections of Republican lawmakers. The president recess-appointed Richard Cordray as director of the Consumer Financial Protection Bureau, along with three members of the NLRB.

In a statement, the Foundation said it consolidated the motion with another lawsuit against the NLRB that is seeking to block a new labor board rule that would require employers to post notices informing workers of their right to form a union.

“President Barack Obama has already shown time and again that he is willing to abuse his executive authority to force more workers into union-dues-paying ranks,” said Mark Mix, President of the National Right to Work Foundation, in a statement. “Now Obama’s executive abuse jeopardizes the constitutional balance our country holds very dear, all in the name of paying back his Big Labor benefactors.”

The National Association of Manufacturers is a party to the lawsuit against the union poster rule but is not a party to the motion challenging the recess appointments.

The Foundation argues that the three NLRB members were recess-appointed when the Senate was not in recess and thus are not members of the board.

The White House has said the Senate’s pro forma sessions — which involve banging the gavel once every three days — do not prevent the president from making recess appointments because the chamber is not truly in recess. A legal memo released this week by the Justice Department’s Office of Legal Counsel agreed with the White House, arguing it is legal for the president to make recess appointments.

Business groups have lobbied heavily against the labor board and the consumer bureau. Republicans have also criticized the agencies over the past year and blasted the recess appointments an abuse of executive power.

A spokeswoman for the NLRB declined to comment.


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: cordray; nlrb; obama; recessappointments

1 posted on 01/13/2012 2:42:46 PM PST by jazusamo
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


2 posted on 01/13/2012 2:51:08 PM PST by Nachum (The complete Obama list at www.nachumlist.com)
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


3 posted on 01/13/2012 2:51:32 PM PST by Nachum (The complete Obama list at www.nachumlist.com)
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To: jazusamo

Good.
But I have to ask, why didn’t a GOPer from the Senate file a complaint ?


4 posted on 01/13/2012 3:02:30 PM PST by Eric in the Ozarks (Gimme that old time fossil fuel.)
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To: Eric in the Ozarks

The is no justice. There’s just us.


5 posted on 01/13/2012 3:03:26 PM PST by WOBBLY BOB (Congress: Looting the future to bribe the present.)
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To: jazusamo

Doing the work the Republican Congress won’t do!


6 posted on 01/13/2012 3:04:02 PM PST by VikingMom (I may not know what the future holds but I know who holds the future!)
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To: jazusamo

Congress holds the purse strings which means Congress, the House specifically has the clout of the funding of the Presidents renegade activities, unless of course somehow the money stolen from the taxpayers since 2009 is being used by the Democrats to pay for their maverick governance.

Where’s that big stick House Speaker? Why is the Chicago Street Punk getting away with a long list of illegalities?

Somebody up there that we elected to Represent us had better start to do so.


7 posted on 01/13/2012 3:04:07 PM PST by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: Eric in the Ozarks

Excellent question, I’d like to know too.


8 posted on 01/13/2012 3:08:33 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
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To: rockinqsranch
Congress holds the purse strings which means Congress, the House specifically has the clout of the funding of the Presidents renegade activities,

Why yes, yes they do. Makes one wonder why they refused to defund health care, like Bachman tried to get them to do.

Just me but I suspect they want it to go through just like it is.

9 posted on 01/13/2012 3:12:07 PM PST by itsahoot (You are no longer a person, you are a Unit when you need health care.)
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To: rockinqsranch

Yep, the Chicago Street Punk is a bully and has the wimp Speaker buffaloed, they both need to be replaced.


10 posted on 01/13/2012 3:12:11 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
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Please bump the Freepathon or click above and donate or become a monthly donor!

11 posted on 01/13/2012 3:13:17 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
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To: Eric in the Ozarks

Because they aren’t in session.


12 posted on 01/13/2012 3:13:22 PM PST by Deb (Beat him, strip him and bring him to my tent!)
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To: jazusamo
The National Right to Work Foundation filed a motion Friday that challenges the legality of President Obama’s recess appointments to the National Labor Relations Board (NLRB)

Bet this suit gets thrown out because these folks have no "standing". The folks who have standing ( the House of Representatives GOP members) need to start impeachment proceedings based on violation of the Presidential Oath of Office to "uphold the Constitution of the United States."

13 posted on 01/13/2012 3:14:12 PM PST by immadashell
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To: jazusamo

Because the Congress is in “recess”. You know, that’s why they call it a “recess appointment”.


14 posted on 01/13/2012 3:14:46 PM PST by Deb (Beat him, strip him and bring him to my tent!)
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To: jazusamo

I read someplace (wish I could remember where :) last week that it is written into the law creating the CFPB that the director MUST be approved by the Senate. Which, of course, he wasn’t. I wonder why nobody seems to be beating on this? Can somebody back me up? Was this in the law?


15 posted on 01/13/2012 3:20:45 PM PST by upchuck (Let's have the Revolution NOW before we get dumbed down to the point that we can't.)
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To: Deb

Well yes, according to the Street Punk in the WH but not according to Congress and Boehner should have been acting on Zer0’s usurping of Congress’ powers.


16 posted on 01/13/2012 3:21:39 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
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To: jazusamo

Stop it. The Congress is in “pro forma” session because they are in recess. Attacking Republicans for everything is really getting old.


17 posted on 01/13/2012 3:25:41 PM PST by Deb (Beat him, strip him and bring him to my tent!)
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To: Deb

Okay, putting the Republican issue aside what’s really getting old is Obama and his thugs running our government as they see fit, ignoring laws and precedent and at times flat breaking them.

Where are the checks and balances?


18 posted on 01/13/2012 3:34:10 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
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To: jazusamo

About time. And it wouldn’t hurt to mention that possible impeachment.


19 posted on 01/13/2012 3:35:08 PM PST by Logical me
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To: rockinqsranch
Somebody up there that we elected to Represent us had better start to do so.

I've been hearing that song for years now, and still nothing different ever happens.

20 posted on 01/13/2012 3:39:19 PM PST by Cementjungle
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To: jazusamo

The right-to-work organization is the best vehicle to challenge Obama at the Supreme Court because you have to have standing and produce evidence of harm done. They can do that. When the Congress comes back, the Republicans will mount a legislative challenge that is being drafted now. Even the Dodd/Frank bill that produced the disgusting consumer agency says the head of it must be approved by the Congress. None of these appointments will stand, Obama knows that, they will just the fight to portray the Republicans as “anti-worker” and “pro-corporation” until its settled. Its all being used as a stalling technique and political weapon for Obama’s re-election.


21 posted on 01/13/2012 3:42:40 PM PST by Deb (Beat him, strip him and bring him to my tent!)
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To: Deb
Thank you, Deb. I appreciate your post and respect your opinions on these matters.
22 posted on 01/13/2012 3:51:04 PM PST by jazusamo (If you don't like growing older, don't worry. You may not be growing older much longer: T. Sowell)
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To: Nachum

Ping.


23 posted on 01/13/2012 3:52:27 PM PST by Tucker39
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To: jazusamo
Well, thank you.
24 posted on 01/13/2012 3:54:14 PM PST by Deb (Beat him, strip him and bring him to my tent!)
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To: jazusamo

Even Justice Kagan said the pro-forma Senate sessions did not constitute a recess and that recess appointments thus made would be unconstitutional. Although I think the USSC could easily call it a political question and thus avoid the issue on a separation of powers basis.


25 posted on 01/13/2012 4:09:21 PM PST by circlecity
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To: jazusamo

The whimp Speaker and a bunch of his spineless colleagues were on a junket someplace in South America when Zero pulled his latest. Just happens to be SUMMER in Sud Amerika right now.


26 posted on 01/13/2012 4:43:50 PM PST by Tucker39
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To: Eric in the Ozarks

That was my question. Where is Mithch McConnell and Boehner.

They ought to be all over this like white on rice.


27 posted on 01/13/2012 5:56:25 PM PST by Venturer
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To: Eric in the Ozarks
Good.
But I have to ask, why didn’t a GOPer from the Senate file a complaint ?

Precisely what I was thinking. Just one more reason for this Conservative voter to question just whose side Republicans are truly on these days!!

28 posted on 01/15/2012 3:07:35 PM PST by Ron H. (We are witnessing the beginning of the end!!)
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To: jazusamo

!


29 posted on 01/15/2012 6:32:14 PM PST by skinkinthegrass (I can take tomorrow, $pend it all today. Who can take your income, tax it all away. Obama Man can. :)
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