Skip to comments.Justices skeptical of Obama’s recess appointment claim
Posted on 01/13/2014 10:31:11 AM PST by jazusamo
Supreme Court justices took a dim view Monday of President Obamas 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 presidents claim, though they struggled with how far to go in deciding the limits of a presidents recess appointment power.
If they ruled narrowly, they could simply overturn Mr. Obamas 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 presidents 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 Constitutions language, the executive and legislative branches over the decades have reached a balance that could be upset by the courts intervention.
(Excerpt) Read more at washingtontimes.com ...
Basically arguing there is no need for the Judicial Branch. Sure that floated like a turd in a punch bowl with the Justices...
Then the balance is unconstitutional...ergo illegal/wrong you freaking marxist.
At this point, WHAT DIFFERENCE DOES IT MAKE?
This same SCOTUS just threw out the abortion law in Arizona.
Don’t expect good news.
Yep, and it doesn’t sound like the justices were very impressed.
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.
Unmitigated horse pucky! The balance has been upset by Obama himself acting as a Dictator who rules by fiat!
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 taxpayers 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 Reids Democrats recent voting to turn the US Congress into the US Parliament,
* Boehners refusal to appoint House Special Prosecutors for each of the Five Obama Administration Scandals,
* Obamas four years of Imperial actions, and
* the recent history, ( Traitor Roberts Obamacare decision), of the US Supreme Courts 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, Americas 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.
They should have laughed in his face and cited him for contempt.
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.
Even Kagan not buying Obama’s BS
FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.
ain’t no “justice” in that court with Roberts and wishy washy Kennedy their.
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
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!
**Obama administration Solicitor General Donald B. Verrilli urged the justices not to interfere with the system, saying that even if it violates the Constitutions language, the executive and legislative branches over the decades have reached a balance that could be upset by the courts intervention.**
LOL! Don’t they realize that there needs to be a balance between all three branches, executive, legislative and judicial?
Verilli was panned for a HORRIBLE presentation during the oral hearing on Obamacare. Didn’t matter then. Not sure it matters now.
Last time they took a “dim view” of something, we got Obamacare approval.
He'll ignore the ruling and double-down.
Ain’t that the truth.
hey, Buckeye, how ARE you?
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.
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?
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.
Basically arguing that the Constitution can be ignored. That fits the profile.
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.
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.