Court says Obama exceeded authority in making appointments

WaPo ^ | 1/25/2013 | Robert Barnes

[RatSlayer]

“And this includes some important ones, such as the threat against Boeing moving some production from unionized Washington to right-to-work South Carolina.”

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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.

[D Rider]

It appears that General Ripper may have exceeded his authority.

[Buckeye McFrog]

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

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

[Cboldt]

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

[Cboldt]

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.

[ladyjane]

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...

[Cboldt]

-- 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.

[Tublecane]

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.

[Steelfish]

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

[Cboldt]

-- 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.