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.