Skip to comments.Court says Obama exceeded authority in making appointments
Posted on 01/25/2013 11:44:10 AM PST by South40
President Obama exceeded his constitutional authority when he named three members of the National Labor Relations Board while the Senate was on a break last year, a federal appeals court ruled Friday.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled that allowing the president to make such appointments as a way around Senate opposition would wholly defeat the purpose of the Framers in the careful separation of powers structure they created.
The decision flatly rejected the administrations rationale for appointing the board members, and jeopardizes the separate recess appointment of former Ohio attorney general Richard Cordray to head the Consumer Financial Protection Bureau. Cordray is the subject of a different lawsuit.
(Excerpt) Read more at washingtonpost.com ...
someone found a court that is actually willing to do its job?!?
Pwned USSC Justice Roberts will have Hussein’s 6 for him.
What difference does it make?
That "someone" is Mark Levin, Landmark Legal Foundation!!!!
One word “the” in the “Appointments Recess Clause” made the big difference!
See pp. 16-20
Does anyone think any of the corrupt bastards and bitches in DC care? They’re the problem, folks!
Immediate effect is that Obama will now be unable to cram Card Check up our noses via executive fiat.
The difference is -
the appointments obama made to the National Labor Relations Board are illegal, and the board no longer has a quorum to operate.
And the ruling has even broader constitutional significance, with the judges arguing that the presidents recess appointment powers dont apply to intrasession appointments those made when Congress has left town for a few days or weeks.
If more of this kind of slab on obozo’s face follow, obozo has to get off from his high horse, knowing that he can’t do anything he pleases.
Does this nullify the work and money that they have done so far ?
No ?....didn’t think so.
Now it will go to the SUPREME cheerleaders.
3 Republican appointed judges.
Sentelle is thorough and, as always, a delight to read.
Reading this opinion was fascinating!
The ruling of the court was not advisory; it ruled that the NLRB was not lawfully constituted and that its decision was void.
Coming from the D.C. Circuit, and judging from their opinion, which was pretty sharp, it would be unwise to appeal the ruling to the Supreme Court.
Immediately fallout should be interesting, however, because every NLRB decision involving these two scoundrels is either immediately moot, or will be thrown out with any challenge in federal court.
And this includes some important ones, such as the threat against Boeing moving some production from unionized Washington to right-to-work South Carolina.
abuse of power or what? and he taught constitutional law? ha.
You forgot to add the fly on his forehead newheart!
The White House has already announced that they will appeal the decision.
“And this includes some important ones, such as the threat against Boeing moving some production from unionized Washington to right-to-work South Carolina.”
I was wondering if that case was new enough to during their reign. I hope you’re right.
I feel sorry for anyone that had a legitimate beef and spent years slogging through all the “administrative” law courts before getting to the NLRB and having it voided.
But considering the Marxist makeup of the NLRB (even before the unconstitutional appointments), those cases are very rare. So at least the wrongfully harmed are small in numbers.
It appears that General Ripper may have exceeded his authority.
Also, the word “during” (as is “during the recess”) had a significant role.
Oops. The word that got the focus I had in mind was "happen," as in "happen ... during the recess." When there isn't much length is a recess, there isn't much opportunity for a vacancy to happen during the recess.
You mean those corrupt bastards and bitches in the SCOTUS? A couple of them may care but then there are those pictures and those documents about adoption...
I think it has to be appealed, because other circuits have made different rules for when a recess appointment is valid. With a split in the circuits, treatment of the same case in two different circuits would produce opposite outcomes.
This would have no effect on executive orders. What it means is that the NLRB can’t act, but that says nothing of executive fiat, except the fiat to appoint recess board members is illegal.
Of course it could be during “a” recess or during “the” recess. The critical word was “the.”
I agree. The point of my previous post addressed to you was that the DC Circuit also drew attention to the word "happen" as in "happen during the recess." Part IV.A is titled "The Meaning of 'the Recess'", part IV.B is titled "B. Meaning of 'Happen'" The two sections are of similar length, each running over more than ten pages. I assume that you are and were aware that the court covered both angles, and posted to you in case others (who haven't taken time to read the opinion and order) were interested.
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