Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Justices skeptical of Obama’s recess appointment claim
The Washington Times ^ | January 13, 2014 | Stephen Dinan

Posted on 01/13/2014 10:31:11 AM PST by jazusamo

Supreme Court justices took a dim view Monday of President Obama’s claim of almost unlimited powers to appoint top government officials, saying he appeared to be breaking with the founders’ vision of separation of powers between the branches of government when he tried an end-run around the Senate in 2012.

Both liberal and conservative justices seemed skeptical of the president’s claim, though they struggled with how far to go in deciding the limits of a president’s recess appointment power.

If they ruled narrowly, they could simply overturn Mr. Obama’s 2012 appointments by finding he tried to act when the Senate considered itself still in session. But the court could act more broadly and rule that the president’s recess powers only apply to a narrow set of positions that become vacant when the Senate has finished business for the year, and that the president can only fill those jobs during that same recess break.

Obama administration Solicitor General Donald B. Verrilli urged the justices not to interfere with the system, saying that even if it violates the Constitution’s language, the executive and legislative branches over the decades have reached a balance that could be upset by the court’s intervention.

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


TOPICS: Constitution/Conservatism; Extended News; Government; Politics/Elections
KEYWORDS: nlrb; obama; recessappointments; scotus

1 posted on 01/13/2014 10:31:12 AM PST by jazusamo
[ Post Reply | Private Reply | View Replies]

To: jazusamo
saying that even if it violates the Constitution’s language

Basically arguing there is no need for the Judicial Branch. Sure that floated like a turd in a punch bowl with the Justices...

2 posted on 01/13/2014 10:34:18 AM PST by IamConservative (The soul of my lifes journey is Liberty!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

Then the balance is unconstitutional...ergo illegal/wrong you freaking marxist.


3 posted on 01/13/2014 10:34:22 AM PST by Norm Lenhart
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo
even if it violates the Constitution’s language

At this point, WHAT DIFFERENCE DOES IT MAKE?

4 posted on 01/13/2014 10:34:44 AM PST by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

This same SCOTUS just threw out the abortion law in Arizona.

Don’t expect good news.


5 posted on 01/13/2014 10:34:46 AM PST by GeronL (Extra Large Cheesy Over-Stuffed Hobbit)
[ Post Reply | Private Reply | To 1 | View Replies]

To: IamConservative

Yep, and it doesn’t sound like the justices were very impressed.


6 posted on 01/13/2014 10:36:28 AM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
[ Post Reply | Private Reply | To 2 | View Replies]

To: IamConservative

They are going to affirm the lower court.
The question now is whether it will be a narrow or broad ruling.
I think a clear broad ruling here would go a long ways to prevent these kinds of abuses.
That is if 0bozo will recognize the court’s decision.


7 posted on 01/13/2014 10:36:51 AM PST by Clump ( the tree of liberty is withering like a stricken fig tree)
[ Post Reply | Private Reply | To 2 | View Replies]

To: BuckeyeTexan

Ping!


8 posted on 01/13/2014 10:38:58 AM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo
Obama administration Solicitor General Donald B. Verrilli urged the justices not to interfere with the system, saying that even if it violates the Constitution’s language, the executive and legislative branches over the decades have reached a balance that could be upset by the court’s intervention.

Unmitigated horse pucky! The balance has been upset by Obama himself acting as a Dictator who rules by fiat!

9 posted on 01/13/2014 10:41:11 AM PST by Bloody Sam Roberts ("The further a society drifts from truth the more it will hate those who speak it." - George Orwell)
[ Post Reply | Private Reply | To 1 | View Replies]

Please bump the Freepathon or click above and donate or become a monthly donor!

10 posted on 01/13/2014 10:43:23 AM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

THE SUMMER OF 2014:
______________________
______________________

Today is the last watershed day for America, because it is the last chance for the US Supreme Court to exercise a Constitutional Check and Balance on the current rogue, tyrannical and oppressive Federal Administration.

Chief Justice John “Traitor” Roberts will probably again refuse to abide with the clear Constitutional Law, and again rewrite the US Constitution to his own liking, in similar manner to what Roberts did with the Constitutionality of the Obamacare Case when he un-Constutionally converted a legal fine into an illegal tax.

Today the US Supreme Court takes up the issue of whether or not an Administration can act without Congressional Approval on matters relating to personnel appointments.

The topic of bypassing the House on approving the spending of taxpayer’s dollars by the Administration will not be considered today, except tangentially, as the appointed personnel will be paid with taxpayer dollars, which would be a bypassing of the Constitutional Control of the Purse by the US House of Representatives.

We taxpayers view this as a clear cut case where we have “Taxation Without Representation” because our Representatives have not been part of the decision-making process.

Examples of a few Imperial matters of record include the following:
* Senator Reid’s Democrats recent voting to turn the US Congress into the US Parliament,
* Boehner’s refusal to appoint House Special Prosecutors for each of the Five Obama Administration Scandals,
* Obama’s four years of Imperial actions, and
* the recent history, ( Traitor Roberts’ Obamacare decision), of the US Supreme Court’s proven reluctance to provide their Constitutional duty of a Check and Balance on the other two Branches of the US Federal Government.

With the usual US Supreme Court private straw vote today that always follows the 30 minute Official Hearing before the Court, America’s future fate will be sealed, and later proclaimed between now and the Summer of 2014.

Either way that the NINE SUPREMES rule on this case, “The Summer of 2014” will prove to be the Summer that decided whether or not our Founding Fathers fought King George the Third of England in vain - - - .

____________________
____________________

THE SUMMER OF 2014.


11 posted on 01/13/2014 10:44:46 AM PST by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo


12 posted on 01/13/2014 10:45:56 AM PST by Iron Munro (Orwell: There are some ideas so absurd that only an intellectual could believe them.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

“Skeptical”?

They should have laughed in his face and cited him for contempt.


13 posted on 01/13/2014 10:53:49 AM PST by WayneS (Respect the 2nd Amendment; Repeal the 16th (and 17th))
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo
Obama administration Solicitor General Donald B. Verrilli urged the justices not to interfere with the system, saying that even if it violates the Constitution’s language... it should be allowed to stand because, after all, this is OBAMA we're talkin' about, and it would be racist to rule against OBAMA...
14 posted on 01/13/2014 10:55:52 AM PST by WayneS (Respect the 2nd Amendment; Repeal the 16th (and 17th))
[ Post Reply | Private Reply | To 1 | View Replies]

To: WayneS

I’d just add this:

And besides, 0bama does and has been doing what he wants because in his mind it is best for the country.


15 posted on 01/13/2014 10:58:26 AM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
[ Post Reply | Private Reply | To 14 | View Replies]

To: jazusamo

Even Kagan not buying Obama’s BS


16 posted on 01/13/2014 10:58:53 AM PST by Bulwinkle (Alec, a.k.a. Daffy Duck)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo; Lurking Libertarian; Perdogg; JDW11235; Clairity; TheOldLady; Spacetrucker; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

17 posted on 01/13/2014 10:59:13 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

ain’t no “justice” in that court with Roberts and wishy washy Kennedy their.


18 posted on 01/13/2014 10:59:49 AM PST by 12th_Monkey (In an alternate universe Obama still dips ice cream)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Graewoulf
Chief Justice John “Traitor” Roberts will probably again refuse to abide with the
clear Constitutional Law, and again rewrite the US Constitution to his own liking


19 posted on 01/13/2014 11:11:08 AM PST by Iron Munro (Orwell: There are some ideas so absurd that only an intellectual could believe them.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: jazusamo

I wonder what will happen once SCOTUS finally rules on Obama’s ineligibility to be POTUS?

Will we have five years of appointments, laws he signed, judges he appointed, all nullified?

Talk about true chaos, but then the Constitution should ultimately mean something


20 posted on 01/13/2014 11:12:30 AM PST by bestintxas (Obamacare = Obamascrewed)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

What’s the problem? Withdraw the nominations and resubmit to the Senate. Now the Dingy has done away with Senate rules and allowed confirmation of nominations by a simple majority vote, he can “legally” appoint anyone he wants until 2016!


21 posted on 01/13/2014 11:13:14 AM PST by PTBAA
[ Post Reply | Private Reply | To 1 | View Replies]

To: greyfoxx39

Ping.


22 posted on 01/13/2014 11:15:37 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
[ Post Reply | Private Reply | To 17 | View Replies]

To: jazusamo

**Obama administration Solicitor General Donald B. Verrilli urged the justices not to interfere with the system, saying that even if it violates the Constitution’s language, the executive and legislative branches over the decades have reached a balance that could be upset by the court’s intervention.**

LOL! Don’t they realize that there needs to be a balance between all three branches, executive, legislative and judicial?


23 posted on 01/13/2014 11:17:29 AM PST by Salvation ("With God all things are possible." Matthew 19:26)
[ Post Reply | Private Reply | To 1 | View Replies]

To: IamConservative

Verilli was panned for a HORRIBLE presentation during the oral hearing on Obamacare. Didn’t matter then. Not sure it matters now.


24 posted on 01/13/2014 11:20:05 AM PST by EDINVA
[ Post Reply | Private Reply | To 2 | View Replies]

To: jazusamo

Last time they took a “dim view” of something, we got Obamacare approval.


25 posted on 01/13/2014 11:20:14 AM PST by ZULU (Magua is sitting in the Oval Office. Ted Cruz/Phil Robertson in 2016.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Salvation
I don't believe the word balance is in 0bama's and his lapdogs vocabulary, at least when those turkeys are in the majority. :)
26 posted on 01/13/2014 11:25:49 AM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
[ Post Reply | Private Reply | To 23 | View Replies]

To: Clump
They are going to affirm the lower court. The question now is whether it will be a narrow or broad ruling. I think a clear broad ruling here would go a long ways to prevent these kinds of abuses. That is if 0bozo will recognize the court’s decision.

Obama?

He'll ignore the ruling and double-down.

27 posted on 01/13/2014 11:27:21 AM PST by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: PTBAA
What’s the problem? Withdraw the nominations and resubmit to the Senate. Now the Dingy has done away with Senate rules and allowed confirmation of nominations by a simple majority vote, he can “legally” appoint anyone he wants until 2016!

Yep.
28 posted on 01/13/2014 11:38:16 AM PST by Old Yeller
[ Post Reply | Private Reply | To 21 | View Replies]

To: EDINVA

Ain’t that the truth.


29 posted on 01/13/2014 11:41:05 AM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
[ Post Reply | Private Reply | To 24 | View Replies]

To: BuckeyeTexan

hey, Buckeye, how ARE you?


30 posted on 01/13/2014 11:55:32 AM PST by EDINVA
[ Post Reply | Private Reply | To 29 | View Replies]

To: Jim Noble

If I were Boeing, I would be rounding up a battalion of lawyers to produce the mother of all law suits. The damages done at the President’s direction against the operations in South Carolina, the hundreds of workers in South Carolina can be measured in the zillions.

The fact the issue was resolved does not mitigate the money damages for which the illegal NLRB is liable.


31 posted on 01/13/2014 12:02:15 PM PST by bert ((K.E. N.P. N.C. +12 ..... History is a process, not an event)
[ Post Reply | Private Reply | To 4 | View Replies]

To: EDINVA

I’m good. Swamped at work and home but good. Migraines trending downward. (Yea!) How about yourself? Merry Christmas and Happy New Year for ya?


32 posted on 01/13/2014 12:06:21 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
[ Post Reply | Private Reply | To 30 | View Replies]

To: BuckeyeTexan

yikes! sorry you have to deal w/migraines, even if they’re subsiding. One of life’s (not so) little blessings for me is that I never had to experience one.

Christmas/New Year here is followed by an anniversary and several birthdays, which season pretty much concludes after today. Thank God. Must say, I’m more than ready for Spring. Gonna be a looooong 2-3 months ahead.


33 posted on 01/13/2014 12:18:53 PM PST by EDINVA
[ Post Reply | Private Reply | To 32 | View Replies]

To: IamConservative

Basically arguing that the Constitution can be ignored. That fits the profile.


34 posted on 01/13/2014 1:35:14 PM PST by 1010RD (First, Do No Harm)
[ Post Reply | Private Reply | To 2 | View Replies]

To: IamConservative
PDF of the oral arguments heard today. I prefer to go to the source when we can rather than let the media filter things for me.

One thing to keep in mind is that it is not always advisable to take the questions they ask as being indicative of what the "justice" is really thinking.

35 posted on 01/13/2014 7:12:53 PM PST by zeugma (Is it evil of me to teach my bird to say "here kitty, kitty"?)
[ Post Reply | Private Reply | To 2 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson