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Supreme Court Narrows President's Recess Appointment Power
NBC ^ | 06.26.2014 | NBC News

Posted on 06/26/2014 7:48:27 AM PDT by dware

The US Supreme Court today limited a president's power to make recess appointments when the White House and the Senate are controlled by opposite parties, scaling back a presidential authority as old as the republic.

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


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: executivepower; nlrb; recessappointment; scotus

1 posted on 06/26/2014 7:48:27 AM PDT by dware
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To: dware

And what will they do about it if he does it anyways? Notta.


2 posted on 06/26/2014 7:49:41 AM PDT by b4its2late (A Progressive is a person who will give away everything he doesn't own.)
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To: dware

Curbing abuse. Something right for America for a change.


3 posted on 06/26/2014 7:50:30 AM PDT by EagleUSA
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To: dware

search works: http://freerepublic.com/focus/f-news/3172580/posts


4 posted on 06/26/2014 7:50:54 AM PDT by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: b4its2late
And what will they do about it if he does it anyways? Notta.

Exactly !

If laws worked we wouldn't have an illegal alien as president.


5 posted on 06/26/2014 7:51:39 AM PDT by Iron Munro (The Obamas Black skin has morphed into Teflon thanks to the Obama Media)
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To: b4its2late

It’s the same thing that happened when Abraham Lincoln was told some of his actions were UNCONSTITUTIONAL, by the US Supreme Court. Lincoln just ignored them!


6 posted on 06/26/2014 7:51:54 AM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: b4its2late

President Andrew Jackson’s(Democrat) response to Chief Justice John Marshall’s Supreme Court Decision: “John Marshall has made his decision, now let him enforce it.”

its a Dhimmicrat thing, you wouldn’t understand.


7 posted on 06/26/2014 7:52:45 AM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: dware
What a garbage report by the bums at NBC. Oh, boo-hoo! The mean old Supreme Court is making Obama obey the Constitution! They are destroying a power that is as old as the Republic! Really? To make recess appointments when Congress is not in recess?
8 posted on 06/26/2014 7:54:11 AM PDT by pabianice (LINE)
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To: dware

They must be saving announcement of the Hobby Lobby decision for Friday so they can be far away from Washington at the time.


9 posted on 06/26/2014 7:54:12 AM PDT by Iron Munro (The Obamas Black skin has morphed into Teflon thanks to the Obama Media)
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To: bigbob

Different article and title.


10 posted on 06/26/2014 7:55:40 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: dware; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; GregNH; ...

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

11 posted on 06/26/2014 7:57:03 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: dware

Meh, POTUS been doing this for decades. Doesn’t even matter now with no filibuster of POTUS appointments. Agree with the ruling but meaningless.


12 posted on 06/26/2014 7:58:41 AM PDT by RIghtwardHo
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To: Iron Munro

Monday. Last day of term.


13 posted on 06/26/2014 7:59:51 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: Iron Munro
They must be saving announcement of the Hobby Lobby decision for Friday so they can be far away from Washington at the time.

Or Monday. I believe they have until the 30th, which is Monday. Something tells me it will be similar to the previous ACA ruling - not in our favor, and waiting til the last possible moment to announce the ruling.

14 posted on 06/26/2014 8:00:06 AM PDT by dware (3 prohibited topics in mixed company: politics, religion and operating systems...)
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To: BuckeyeTexan
Monday. Last day of term

Correct. And I don't think it's going to be good news.

15 posted on 06/26/2014 8:00:54 AM PDT by dware (3 prohibited topics in mixed company: politics, religion and operating systems...)
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To: pabianice

This was a unanimous decision, BTW.


16 posted on 06/26/2014 8:01:00 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: dware

I kind of expect a split decision on this one and, quite frankly, I do not like too sweeping of a “religious freedom” exception as, in time, that will be used against us.

They may limit the decision just to this case like Bush v. Gore.


17 posted on 06/26/2014 8:01:37 AM PDT by RIghtwardHo
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To: Vaquero
Indeed. What a laughable story - as if!

How many Combat Battalions are under the Supreme Court? - remind me, again . . .

18 posted on 06/26/2014 8:02:02 AM PDT by atc23 (The Confederacy was the single greatest conservative resistance to federal authority everhil)
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To: dware

This is only upholding the law that Obama broke in regards to the NRLB. There is not change to some “time honored tradition”...he made this when the Senate was not in session. Hat tip to Mark Levin and Landmark Legal Foundation who backed this case.


19 posted on 06/26/2014 8:06:17 AM PDT by KC_Conspirator
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To: dware

Really? I’m thinking Hobby Lobby wins. 5-4 or 6-3.


20 posted on 06/26/2014 8:09:40 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: dware

Yeh like Obama cares about the Supreme Court. He will do what he pleases.


21 posted on 06/26/2014 8:11:53 AM PDT by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: BuckeyeTexan
Really? I’m thinking Hobby Lobby wins. 5-4 or 6-3

Would be interesting, but I was thinking the same thing last year for the original ACA ruling. I was rather suprised it came out the way it did, and I think we'll probably see the same here. BTW, add me to your list?

Thanks!

22 posted on 06/26/2014 8:13:05 AM PDT by dware (3 prohibited topics in mixed company: politics, religion and operating systems...)
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To: RIghtwardHo
It's already being used against us. In regard to the Greece case....a whole bunch of nuts have asked to give prayer...one worships chickens.

But the big thing is allowing an atheist to speak. Since it is NOT a religion....kick it to the curb. I believe it's a 2 minute monologue. Just so wrong.

23 posted on 06/26/2014 8:13:23 AM PDT by Sacajaweau
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To: BuckeyeTexan

If Roberts is writing Hobby Lobby, expect a loss.


24 posted on 06/26/2014 8:14:57 AM PDT by LdSentinal
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To: dware
"The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next Session.”
The Recess Appointments Clause was designed to enable the President to ensure the unfettered operation of the government during periods when the Senate was not in session and therefore unable to perform its advice and consent function.

The key phrase here is vacancies that may happen during the recess. The appointments at the NLRB were not as a result of a vacancy that arose during a recess, ie The secretary of state gets killed in a plane crash in the middle of a senate recess.

25 posted on 06/26/2014 8:15:18 AM PDT by GregNH (If you can't fight, please find a good place to hide!)
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To: Georgia Girl 2

Maybe so..
But his appoitments and acts done by them will not have the force of law.


26 posted on 06/26/2014 8:16:46 AM PDT by Eric in the Ozarks (Rip it out by the roots.)
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To: BuckeyeTexan
I'm thinking Hobby Lobby wins it bigger....7-2.

First because it involves an intrusion into Christian Peoples Principles and secondly, because "Conscientious Objector" is well founded historically.

27 posted on 06/26/2014 8:17:34 AM PDT by Sacajaweau
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To: Eric in the Ozarks

Obama was warned very early on...


28 posted on 06/26/2014 8:18:42 AM PDT by Sacajaweau
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To: Sacajaweau

As we were...


29 posted on 06/26/2014 8:22:24 AM PDT by Eric in the Ozarks (Rip it out by the roots.)
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To: dware

The headline is misleading. Didn’t Obama illegally usurp Congress’ power when he appointed people when Congress was in Session? /rhetorical


30 posted on 06/26/2014 8:23:27 AM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: dware
Outstanding.

Praying that Hobby Lobby and Conestoga Woods are the trifecta to this session of SCOTUS!

31 posted on 06/26/2014 8:24:14 AM PDT by Servant of the Cross (the Truth will set you free)
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To: KC_Conspirator

You are right.


32 posted on 06/26/2014 8:24:37 AM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: dware

Everyone, including the legal experts, expected a 5-4 decision against the individual mandate in NFIB v. Sebelius. Roberts flipped at the last minute. Scalia, Thomas, and Alito were so angry that they wouldn’t even speak to him for a little while, reportedly.


33 posted on 06/26/2014 8:25:44 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: Sacajaweau

From your keyboard to God’s ear.


34 posted on 06/26/2014 8:27:26 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan
Scalia, Thomas, and Alito were so angry that they wouldn’t even speak to him for a little while, reportedly.

I don't blame them. I wouldn't either. =D

35 posted on 06/26/2014 8:30:55 AM PDT by dware (3 prohibited topics in mixed company: politics, religion and operating systems...)
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To: dware; MinuteGal

I think they are waiting until Monday so they can get out of town the next day to avoid the furor that their decision will cause. I think the ruling will go against Hobby Lobby, although the court may try to split the baby, so to speak, to make some kind of allowance for Hobby Lobby only, as I think they know Hobby Lobby may just go out of business rather than compromise their religious values, putting a lot of their workers out of jobs. But my gut feeling is the Hobby Lobby decision is not going to be in its favor.

Hope I’m wrong, but I don’t like the fact that this ruling is going to be on Monday. The two decisions today may have been a sop to the conservatives because the big one on Monday is going to go against us. I remember the Obamacare decision was on the last day also, so that Chief Justice Roberts could split for Europe to hide out after his controversial and hated by conservatives decision pro Obamacare.


36 posted on 06/26/2014 8:32:26 AM PDT by flaglady47 (Oppressors can tyranize only w/a standing army-enslaved press-disarmed populace)
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To: Iron Munro

You’re SO correct!


37 posted on 06/26/2014 8:34:28 AM PDT by b4its2late (A Progressive is a person who will give away everything he doesn't own.)
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To: Sacajaweau

The main point is that the contraceptive mandate is not the least restrictive means to accomplish the goal. If people having them is so important, the gov’t can give them away. Not force objectors to do so.


38 posted on 06/26/2014 8:49:14 AM PDT by SoothingDave
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To: flaglady47

My thought exactly. The tip off to me is the 9-0 rulings. The court is completely united in multiple decisions and uphold the Constitution? Too good to be true. Like you, I hope I’m wrong, but this smacks to me of providing cover. “What do you mean we don’t care about the Constitution? Look at these unanimous rulings upholding privacy and limited Presidential power! Heck, some of us are even friends with conservatives!”


39 posted on 06/26/2014 8:50:14 AM PDT by Shadowfax
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To: Star Traveler

Of course


40 posted on 06/26/2014 8:53:41 AM PDT by b4its2late (A Progressive is a person who will give away everything he doesn't own.)
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To: dware
Supreme Court Narrows President's Recess Appointment Power

So does this vacate all the decisions these twits made while on the NLRB illegally? Opinions, anyone.

41 posted on 06/26/2014 9:12:07 AM PDT by GoldenPup
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To: GoldenPup
So does this vacate all the decisions these twits made while on the NLRB illegally?

Excellent question! I would like to know as well!

42 posted on 06/26/2014 9:13:40 AM PDT by dware (3 prohibited topics in mixed company: politics, religion and operating systems...)
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To: b4its2late

then his nominees can be ignored when they attempt to perform their jobs.

But of course that would involve having some courage, something which the republican party is woefully short of.


43 posted on 06/26/2014 9:27:03 AM PDT by Cubs Fan (liberalism is a cancer that destroys everything it gets control of.)
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To: bigbob

Man, you know, 42 minutes does make a huge difference...

At least we have NBC, AP, the Washington Post all over this...

And FReepers are talking about this on two threads!!!

Way cool...

But you’re right...Sometimes those “keyword” searches (before you post) tend to miss a few things every now and then...


44 posted on 06/26/2014 9:32:28 AM PDT by stevie_d_64 (Will work for a new Kidney...)
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To: dware

They didn’t do anything of the sort. They just ruled that he has to make them as has always been done, when the legislature is in recess according to its rules, not any old time he decides it’s in recess.


45 posted on 06/26/2014 9:36:06 AM PDT by livius
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To: GoldenPup

As reported on FOX. Yes. All actions are if they were never appointed. — null and void!


46 posted on 06/26/2014 9:42:46 AM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: dware

By a unanimous vote


47 posted on 06/26/2014 1:08:30 PM PDT by nikos1121
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