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Court says Obama exceeded authority in making appointments
WaPo ^ | 1/25/2013 | Robert Barnes

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 administration’s 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 ...


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: bho44; lawsuit; nlrb; ruling

1 posted on 01/25/2013 11:44:17 AM PST by South40
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To: South40

someone found a court that is actually willing to do its job?!?


2 posted on 01/25/2013 11:45:56 AM PST by faithhopecharity
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To: South40

Historic event

https://twitter.com/SillyLiberals/status/294863584243109890/photo/1


3 posted on 01/25/2013 11:47:16 AM PST by Nachum (The Obama "List" at www.nachumlist.com)
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To: faithhopecharity

Pwned USSC Justice Roberts will have Hussein’s 6 for him.


4 posted on 01/25/2013 11:48:27 AM PST by treetopsandroofs (Had FDR been GOP, there would have been no World Wars, just "The Great War" and "Roosevelt's Wars".)
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To: Nachum

What difference does it make?


5 posted on 01/25/2013 11:49:06 AM PST by massgopguy (I owe everything to George Bailey)
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To: faithhopecharity
Sure!

That "someone" is Mark Levin, Landmark Legal Foundation!!!!

Go Mark!

6 posted on 01/25/2013 11:52:36 AM PST by zerosix (Native sunflower)
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To: faithhopecharity

One word “the” in the “Appointments Recess Clause” made the big difference!
See pp. 16-20
http://www.cadc.uscourts.gov/internet/opinions.nsf/D13E4C2A7B33B57A85257AFE00556B29/$file/12-1115-1417096.pdf


7 posted on 01/25/2013 11:53:01 AM PST by Steelfish (ui)
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To: South40

Does anyone think any of the corrupt bastards and bitches in DC care? They’re the problem, folks!


8 posted on 01/25/2013 11:54:04 AM PST by MasterGunner01
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To: South40

Immediate effect is that Obama will now be unable to cram Card Check up our noses via executive fiat.


9 posted on 01/25/2013 11:59:43 AM PST by Buckeye McFrog
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To: massgopguy

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 president’s recess appointment powers don’t 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.


10 posted on 01/25/2013 11:59:48 AM PST by chrisnj
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To: MasterGunner01

Does this nullify the work and money that they have done so far ?

No ?....didn’t think so.


11 posted on 01/25/2013 12:00:21 PM PST by Ouderkirk (Obama has turned America into an aristocracy of the unaccomplished.)
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To: South40
Image and video hosting by TinyPic

We don't need no steenking constitution.

12 posted on 01/25/2013 12:03:36 PM PST by newheart (The greatest trick the left ever pulled was convincing the world it was not a religion.)
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To: South40

Now it will go to the SUPREME cheerleaders.


13 posted on 01/25/2013 12:03:57 PM PST by CMailBag
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To: faithhopecharity

3 Republican appointed judges.
http://www.cadc.uscourts.gov/internet/opinions.nsf/D13E4C2A7B33B57A85257AFE00556B29/$file/12-1115-1417096.pdf

Sentelle is thorough and, as always, a delight to read.


14 posted on 01/25/2013 12:07:22 PM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: Steelfish

Reading this opinion was fascinating!


15 posted on 01/25/2013 12:09:55 PM PST by cotton1706
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To: Ouderkirk

The ruling of the court was not advisory; it ruled that the NLRB was not lawfully constituted and that its decision was void.


16 posted on 01/25/2013 12:12:42 PM PST by Mr. Lucky
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To: South40

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.


17 posted on 01/25/2013 12:14:29 PM PST by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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To: South40

abuse of power or what? and he taught constitutional law? ha.


18 posted on 01/25/2013 12:19:58 PM PST by NormsRevenge (Semper Fi)
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To: newheart

You forgot to add the fly on his forehead newheart!


19 posted on 01/25/2013 12:40:56 PM PST by bayliving (Now is the time for all good men to come to the aid of their country!)
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To: yefragetuwrabrumuy

The White House has already announced that they will appeal the decision.


20 posted on 01/25/2013 12:41:45 PM PST by Gator113 (Leave my guns alone and REGISTER THE DAMN LIBERALS!!)
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To: yefragetuwrabrumuy

“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.


21 posted on 01/25/2013 12:44:17 PM PST by RatSlayer
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To: faithhopecharity

It appears that General Ripper may have exceeded his authority.


22 posted on 01/25/2013 1:47:50 PM PST by D Rider
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To: Gator113
White House has already announced that they will appeal the decision.

We've still got four flaming Liberals and the Roberts File...


23 posted on 01/25/2013 2:10:29 PM PST by Buckeye McFrog
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To: Steelfish

Also, the word “during” (as is “during the recess”) had a significant role.


24 posted on 01/25/2013 2:14:37 PM PST by Cboldt
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To: Steelfish
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.

25 posted on 01/25/2013 2:16:45 PM PST by Cboldt
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To: MasterGunner01
Does anyone think any of the corrupt bastards and bitches in DC care?

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...

26 posted on 01/25/2013 2:17:48 PM PST by ladyjane (For the first time in my life I am not proud of my country.)
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To: yefragetuwrabrumuy
-- 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. --

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.

27 posted on 01/25/2013 2:19:11 PM PST by Cboldt
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To: Buckeye McFrog

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.


28 posted on 01/25/2013 2:33:40 PM PST by Tublecane
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To: Cboldt

Of course it could be during “a” recess or during “the” recess. The critical word was “the.”


29 posted on 01/25/2013 5:18:59 PM PST by Steelfish (ui)
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To: Steelfish
-- 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.

30 posted on 01/25/2013 7:13:44 PM PST by Cboldt
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