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.
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Good.
But I have to ask, why didn’t a GOPer from the Senate file a complaint ?
The is no justice. There’s just us.
Doing the work the Republican Congress won’t do!
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.
Excellent question, I’d like to know too.
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.
Yep, the Chicago Street Punk is a bully and has the wimp Speaker buffaloed, they both need to be replaced.
Because they aren’t in session.
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."
Because the Congress is in “recess”. You know, that’s why they call it a “recess appointment”.
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?
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.
Stop it. The Congress is in “pro forma” session because they are in recess. Attacking Republicans for everything is really getting old.
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?
About time. And it wouldn’t hurt to mention that possible impeachment.
I've been hearing that song for years now, and still nothing different ever happens.
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