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Second appeals court invalidates Obama's NLRB recess appointments
Politico ^ | May 16, 2013 | Tal Kopan

Posted on 05/16/2013 12:43:06 PM PDT by GeorgeWashingtonsGhost

A second appeals court has joined the D.C. Circuit in ruling that President Barack Obama’s recess appointments to the National Labor Relations Board were unconstitutional, concluding that some board actions taken in the wake of those appointments were also invalid.

The issue has far-reaching implications for both the NLRB and other boards, including Obama’s Consumer Financial Protection Bureau, which has been a frequent target of conservatives and whose director was a recess appointment.

The 2-1 decision Thursday from the U.S. Court of Appeals for the Third Circuit (posted here) found that the presidential recess appointment power is limited to breaks between sessions of Congress, not breaks within sessions or other adjournments during which the Senate might meet in pro forma sessions. The reasoning mirrors that in a ruling of the D.C. Circuit Court in January.

(Excerpt) Read more at politico.com ...


TOPICS: Breaking News; Constitution/Conservatism; News/Current Events
KEYWORDS: appointments; lawlessdnc; lawlessobama; nlrb; obama; obamarico; unconstitutional
Add another one to the list of Obama's impeachable offenses.
1 posted on 05/16/2013 12:43:06 PM PDT by GeorgeWashingtonsGhost
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To: GeorgeWashingtonsGhost; FReepers




NOW


2 posted on 05/16/2013 12:51:36 PM PDT by Lady Jag (If you can't make them see the light, let them feel the heat. - Reagan)
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To: GeorgeWashingtonsGhost

The police should prevent these people from entering the building.


3 posted on 05/16/2013 12:51:38 PM PDT by Ray76 (Do you reject Obama? And all his works? And all his empty promises?)
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To: GeorgeWashingtonsGhost

So when’s congress going to see the hand writing on the wall and DO something about it?

Waiting.......


4 posted on 05/16/2013 12:53:26 PM PDT by caww
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To: GeorgeWashingtonsGhost

So...the people he appointed are going to be fired?
I’ll believe it when I see it.


5 posted on 05/16/2013 12:53:55 PM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: Ray76

I’d be willing to come out of retirement to do that and I would charge a dime.


6 posted on 05/16/2013 12:54:47 PM PDT by Gator113 ( ~just keep livin~ I drink good wine, listen to good music and dream good dreams.)
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To: GeorgeWashingtonsGhost

Great news.

Hey Obama, this hasn’t been a good week for you, huh? Hopefully there’s many more like it.


7 posted on 05/16/2013 12:57:11 PM PDT by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
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To: GeorgeWashingtonsGhost
A second appeals court has joined the D.C. Circuit in ruling that President Barack Obama’s recess appointments to the National Labor Relations Board were unconstitutional, concluding that some board actions taken in the wake of those appointments were also invalid.

Little bammy will not get it.

Better to tell him he did a "no-no."

.

8 posted on 05/16/2013 12:58:42 PM PDT by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: GeorgeWashingtonsGhost

You don’t get it. Once SCOTUS upholds the lower courts’ decisions, Obama will say, “So, what’re you gonna do about it?” His illegal NLRB will just keep going on making decisions. He knows no one will stop him.


9 posted on 05/16/2013 1:03:20 PM PDT by pabianice
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To: pabianice

It seems our government is good for nothing these days. The republicans are nothing but whiners without backbone and the left is full of criminals and hired guns to go after enemies. This administration should have been brought down long ago. They are a threat to all things American including national security. We are now living in a lawless land.


10 posted on 05/16/2013 1:08:42 PM PDT by formosa
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To: GeorgeWashingtonsGhost

Just wait until a real court (as if that exists) looks at validating dear leader’s birth certificate (which one they’d look at, I wouldn’t know).

He is slime.

Pure slime.

Slime defined.


11 posted on 05/16/2013 1:15:32 PM PDT by Da Coyote
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To: pabianice; Allegra; big'ol_freeper; Lil'freeper; TrueKnightGalahad; blackie; Cincinatus' Wife; ...
Re: You don’t get it. Once SCOTUS upholds the lower courts’ decisions, Obama will say, “So, what’re you gonna do about it?” His illegal NLRB will just keep going on making decisions. He knows no one will stop him.

From Worcester v. Georgia

"Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832), was a case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Indians from being present on Indian lands without a license from the state was unconstitutional."

"In a popular quotation, President Andrew Jackson is supposed to have said: "John Marshall has made his decision; now let him enforce it!". This derives from Jackson's consideration on the case in a letter to John Coffee, "...the decision of the Supreme Court has fell still born, and they find that they cannot coerce Georgia to yield to its mandate," (that is, the Court's opinion because it had no power to enforce its edict)."

However: "The Court did not ask federal marshals to carry out the decision, as had become standard."

That means we'll get to see me...  photo RaylanGivins-1-250.gif make Obama toe the line.

Can I give you... a hand or two, Raylan?

12 posted on 05/16/2013 1:24:24 PM PDT by Bender2 ("I've got a twisted sense of humor, and everything amuses me." RAH Beyond this Horizon)
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To: GeorgeWashingtonsGhost

So it appears that Mister Constitutionalists Law teacher doesn’t seem to follow the law..............per second court ruling


13 posted on 05/16/2013 2:17:44 PM PDT by blueyon (The U. S. Constitution - read it and weep)
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To: caww
So when’s congress going to see the hand writing on the wall and DO something about it?

When their constituents start demanding action. It hasn't gotten that far yet because the welfare checks are still being delivered.

14 posted on 05/16/2013 2:47:21 PM PDT by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
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To: GeorgeWashingtonsGhost

so why are they still working and getting paid.


15 posted on 05/16/2013 3:01:31 PM PDT by sunny48
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To: Lady Jag; GeorgeWashingtonsGhost; FReepers

Never going to happen. Obama will finish his term. Don’t waste time or energy on impeachment.

Focus on strengthening/increasing the conservatives in Congress and on winning the Senate from the Dems.


16 posted on 05/16/2013 3:01:36 PM PDT by 1010RD (First, Do No Harm)
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To: blueyon

No, Obama’s Mr. Harvard Affirmative Action Law Student, Mr. Affirmative Action Harvard Law Review President, and then Mr. Affirmative Action University of Chicago Constitutional Law Professor.

He’s now serving as our affirmative action President and peforming to par.


17 posted on 05/16/2013 3:07:17 PM PDT by 1010RD (First, Do No Harm)
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To: Gator113

i will do it for a penny and will need to have some help shove my feet up Obama’s behind, as I am paralyzed waist down.


18 posted on 05/16/2013 3:28:38 PM PDT by hondact200 (Candor dat viribos alas (sincerity gives wings to strength) and Nil desperandum (never despair))
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To: GeorgeWashingtonsGhost
...when are the congressional republicans going to start to ask questions in regards to the bugging of the congressional cloak room?
19 posted on 05/16/2013 3:34:14 PM PDT by Doogle (USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
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To: 1010RD

ya left out Occidental “C” student who transfer’s to HARVARD with heavy Saudi financial backing


20 posted on 05/16/2013 3:36:16 PM PDT by Doogle (USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
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To: GeorgeWashingtonsGhost

Another court for the Clown to ignore.


21 posted on 05/16/2013 3:38:10 PM PDT by SoFloFreeper
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To: GeorgeWashingtonsGhost
Add another one to the list of Obama's impeachable offenses.

Impeachment means very little, unless there's a significant chance at removal. Get back to me about impeachment when at least a dozen Democratic Senators are open to removal.

22 posted on 05/16/2013 3:52:04 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: hondact200

Well, my heart and lungs are toast, but between the two of us, we could get the job done. ;>)


23 posted on 05/16/2013 3:57:43 PM PDT by Gator113 ( ~just keep livin~ I drink good wine, listen to good music and dream good dreams.)
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To: GeorgeWashingtonsGhost

24 posted on 05/16/2013 4:00:36 PM PDT by Diogenesis (De Oppresso Liber)
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To: GeorgeWashingtonsGhost
Add another one to the list of Obama's impeachable offenses.

impeachable offense? ...Not even close

Beyond arrogant... absolutely...

25 posted on 05/16/2013 4:50:02 PM PDT by Popman (Godlessness is always the first step to the concentration camp.)
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To: Ray76

Liberals have nothing to worry about with this court ruling. Obama will pull out his Executive Orders pen, and change a few laws to ensure his goons can get their appointments.


26 posted on 05/16/2013 7:47:58 PM PDT by TexGrill (Don't mess with Texas)
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To: GeorgeWashingtonsGhost

“What difference—at this point—what difference does it make?”


27 posted on 05/17/2013 1:34:14 AM PDT by Brad from Tennessee (A politician can't give you anything he hasn't first stolen from you.)
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To: GeorgeWashingtonsGhost
If they are invalidly appointed then any money paid to them (for salaries or expenses) is ultra-vires and fraudulent.
28 posted on 05/17/2013 3:11:18 AM PDT by agere_contra (I once saw a movie where only the police and military had guns. It was called 'Schindler's List'.)
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