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GOP senators sue Obama over sham labor board nominees
The Washington Wxaminer ^ | April 17, 2012 | Paul Bedard

Posted on 04/17/2012 7:53:38 PM PDT by Semper911

In a double-barrelled blast at President Obama, Senate Republicans today moved to join a lawsuit challenging the White House’s Christmas “recess appointment” of National Labor Relations Board members even though the Senate was technically in session. To handle their case, they hired Miguel Estrada, who in 2002 became the first-ever judicial nominee to be torpedoed by a Democratic filibuster.

“The president’s decision to circumvent the American people by installing his appointees at a powerful federal agency, when the Senate was not in recess, and without obtaining the advice and consent of the Senate, is an unprecedented power grab,” McConnell said. “We will demonstrate to the court how the president’s unconstitutional actions fundamentally endanger the Congress’s role in providing a check on the excesses of the executive branch.”

The fight is over a simple issue: When is the Senate technically in session. The GOP argues that there was enough action over the holidays to determine that the chamber was in session, but the president disagreed and went ahead with the appointments.

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


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: gop; miguelestrada; nlrbappointee; norecess
It's about damn time. But more importantly, why hasn't this been posted here yet? It used to be a race to post good stories, but now the same stories sit on the sidebars for days, while news rages on.
1 posted on 04/17/2012 7:53:43 PM PDT by Semper911
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To: Semper911
Here's another nice little nugget from the article:

“The Senate should decide when the Senate is in session,” said Sen. Roy Blunt, R-Mo., who joked that Obama might try to make “recess appointments” when the chamber is in lunch recess.

2 posted on 04/17/2012 7:56:24 PM PDT by Semper911 (When you want to rob Peter to pay Paul, you'll always have the support of Paul.)
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To: Semper911

Sue? That’s for liberals. why not hold impeachment hearings?


3 posted on 04/17/2012 8:01:09 PM PDT by plain talk
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To: Semper911

Which court? Straight to the top?


4 posted on 04/17/2012 8:02:53 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: plain talk

I am happy with it at least being in the courts and in the news. And it will piss off Obama, so there’s that.


5 posted on 04/17/2012 8:03:21 PM PDT by Semper911 (When you want to rob Peter to pay Paul, you'll always have the support of Paul.)
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To: jiggyboy
Which court? Straight to the top?

All I know is what is in the article. There is a piece about it on Breitbart too, but neither article gets specific about the court proceeding.

But I think this is huge.

6 posted on 04/17/2012 8:05:54 PM PDT by Semper911 (When you want to rob Peter to pay Paul, you'll always have the support of Paul.)
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To: Semper911

This “should be” a very simple case, ruled in the favor of the Senators! The Constitution has left it pretty clear that Congress has the power to determine it’s own rules and such, so if Congress had not declared a “recess” then Obama is simply WRONG and does NOT have the authority to determine when Congress is in “recess!” PERIOD, END OF STORY!


7 posted on 04/17/2012 8:07:19 PM PDT by ExTxMarine (PRAYER: It's the only HOPE for real CHANGE in America!)
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To: Semper911

“Senate Minority Leader Mitch McConnell said that his side would join a suit brought by Noel Canning, a family-owned business in Washington State that bottles and distributes soft drinks. The company is challenging the NLRB’s determination that it must enter into a collective bargaining agreement with a labor union.”

WHY did the republicans not file a suit instead of waiting for a private company to do the heavy lifting?


8 posted on 04/17/2012 8:07:44 PM PDT by aMorePerfectUnion ("Of two evils, choose neither." -- Charles Spurgeon)
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To: plain talk

Really, forget filing a lawsuit, impeach him and sue him later. Let’s see who’s going to be for or against impeachment before the coming elections.

Of course, that would be asking Congress to do their intended job. Gonna need a recess to think about the definition of ‘recess’.


9 posted on 04/17/2012 8:14:24 PM PDT by Razzz42
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To: Semper911; jazusamo
It's about damn time. But more importantly, why hasn't this been posted here yet? It used to be a race to post good stories, but now the same stories sit on the sidebars for days, while news rages on.

It was posted earlier today, different source and title...

Miguel Estrada, victim of Democrat filibuster, to fight Obama appointments

As I said on the earlier thread, good move by the Republicans, it proves they occasionally have a pulse.

10 posted on 04/17/2012 8:14:54 PM PDT by smoothsailing
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To: ExTxMarine
This “should be” a very simple case

It also should have been acted on the minute it happened. But instead, we got **crickets** from the Senate.

11 posted on 04/17/2012 8:15:31 PM PDT by Semper911 (When you want to rob Peter to pay Paul, you'll always have the support of Paul.)
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To: Semper911

Well said! Thanks for this thread.

IMHO, Obama is a Dictator because our RINO Congress won’t shout him down.

Perhaps Boehner and McConnell will have the backbone to not cave-in to Obama on this issue.

A dictator, such as Obama, only has the power that the people give him.

Currently, at least 40 % of American voters are gladly willing to give Obama the necessary power to continue his dictatorship.

Dictator Obama has designed Obama”care” to become active only AFTER he is re-elected, thus enabling THE NINE SUPREMES to delay ruling on the Constitutionality of the dictate of the individual mandate until Obama is once again the Illegal Foreign White House Occupier, (IFWHO).

The purpose of Dictator Baby-Doc Barack is simple: 1.) Regulate; 2.) Control; and 3.) Destroy. By his own count he as achieved 60 % of his goals, according to the note he says he carries in his pocket.

Obama’s obvious deep hatred of America could have only come from his childhood.

Since there are no known networks of childhood friends from Obama’s past, Obama was probably a member of a Marxist sleeper cell funded by wealthy men with a Marxist view of the World.

The lack of credible evidence that has NOT been forged requires a long-term, highly skilled and well-funded support group.

Who the key members of Obama’s probable support group and probable sleeper cell were and are is well known to the CIA and the FBI.

Will the “Citizen Journalists” such as Breitbart Editor Joel Pollack be able to out-spy these two tax-funded spy entities?

BTW, forget about the LAM, (Liberal Agenda Media), as they are saving their notes to write their tell-all Obama books after Obama has SAFELY retired back home in Kenya.

BTW, BTW, to all the doubters of the above speculation: what does your gut tell you?


12 posted on 04/17/2012 8:15:31 PM PDT by Graewoulf ((Dictator Baby-Doc Barack's obama"care" violates Sherman Anti-Trust Law, AND U.S. Constitution.))
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To: smoothsailing
It was posted earlier today

Thank you. I was starting to think FR was dying.

13 posted on 04/17/2012 8:18:02 PM PDT by Semper911 (When you want to rob Peter to pay Paul, you'll always have the support of Paul.)
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To: Semper911
I your Lord and God will make appointments whenever I choose, regardless of your puny minds. You are powerless before my mighty glory!


14 posted on 04/17/2012 8:18:05 PM PDT by garjog
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To: garjog

That pic! Ewww!


15 posted on 04/17/2012 8:20:30 PM PDT by Semper911 (When you want to rob Peter to pay Paul, you'll always have the support of Paul.)
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To: Semper911

LOL.... Seriously? The self described foreign law professor barack hussein obomba doesn’t care what the law or law enforcement thinks. I can still see him chiding the Supreme Court of the United States during one of his State of the Union addresses and listening to him instruct the Supreme Court on how they should rule on his obombacare monstrosity. Doe anyone really think he gives a rat’s rear about a few Senators filing suit against him for a few questionable ‘recess’ appointments? When these same Senators do something about impeaching this illegal alien for illegally occupying the White House let me know.


16 posted on 04/17/2012 8:25:37 PM PDT by Whats-wrong-with-the-truth (Romney... Just put the (D) behind your name and be done with it.)
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To: Semper911

LOL.... Seriously? The self described foreign law professor barack hussein obomba doesn’t care what the law or law enforcement thinks. I can still see him chiding the Supreme Court of the United States during one of his State of the Union addresses and listening to him instruct the Supreme Court on how they should rule on his obombacare monstrosity. Does anyone really think he gives a rat’s rear about a few Senators filing suit against him for a few questionable ‘recess’ appointments? When these same Senators do something about impeaching this illegal alien for illegally occupying the White House let me know.


17 posted on 04/17/2012 8:26:08 PM PDT by Whats-wrong-with-the-truth (Romney... Just put the (D) behind your name and be done with it.)
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To: Semper911; smoothsailing
I was starting to think FR was dying.

No, we're definitely not dying. :-)

Glad you posted this, it needs all the exposure it can get!

Thanks for the ping, smooth.

18 posted on 04/17/2012 8:33:05 PM PDT by jazusamo (Character assassination is just another form of voter fraud: Thomas Sowell)
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To: Semper911; All
It looks like this is the third court challenge and the first that the Senate has joined:

Federal Court in N.Y. Won't Rule on Obama Recess Appointments - WSJ.com)

March 28, 2012

A federal judge in New York declined to rule on whether President Barack Obama's recess appointments to the National Labor Relations Board violate the U.S. Constitution, leaving the widely debated question unresolved for now. The decision marked the second time a court has declined to rule on the matter.

The first legal challenge to the appointments was made in January. The judge overseeing that case, which challenged an NLRB regulation that was approved last year before the recess appointments, also declined to rule on the constitutionality question. That judge said the regulation was created by a quorum of "undisputedly" authorized board members well before the recess appointments were announced. Several other cases are pending that challenge the recess appointments, though it's unclear when and if those will be decided.

19 posted on 04/17/2012 8:54:03 PM PDT by DBeers (†)
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To: Razzz42

“Recess” has as many letters as less letters than “shall not”, and they still haven’t figured that one out!


20 posted on 04/17/2012 8:57:23 PM PDT by rawcatslyentist ("Behold, I am against you, O arrogant one," Jeremiah 50:31)
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To: DBeers

My question: by what authority did the judge “decline” to rule? Is that like nobama deciding to not support DOMA?


21 posted on 04/17/2012 9:03:09 PM PDT by upchuck (Need is not an acceptable lifestyle choice; dependent is not a career. ~ Dr. Tim Nerenz)
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To: Semper911

Damn. McConnell is showing faint signs of testicles. I am impressed.


22 posted on 04/17/2012 9:06:38 PM PDT by Lazamataz (Shut up and drill.)
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To: Whats-wrong-with-the-truth

Start somewhere.


23 posted on 04/17/2012 9:09:17 PM PDT by Lazamataz (Shut up and drill.)
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To: Semper911
What a bunch of silly pussies.

Congress begging the Judicial Branch to intervene...when Congress has the power to remove a POTUS and the judicial branch does not.

Silly pussies. Disgusting excuses for citizens if you ask me.

24 posted on 04/17/2012 9:14:17 PM PDT by Mariner (War Criminal #18)
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To: plain talk

Putting his buddies on the NLRB is not too different from when FDR sought to pack the Supreme Court by expanding it from 9 to 15 with the additional 6 being his hand-picked far left pals. This should be shot down though The One might withdraw these appointments before push comes to shove; after all, he IS a chicken.

I like your idea about impeachment - that is what needs to happen but not til after the elections when we own both the House and Senate. As it stands now, Reid would never bring the bill up for a vote.


25 posted on 04/17/2012 9:15:55 PM PDT by Rembrandt (.. AND the donkey you rode in on.)
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To: plain talk

Putting his buddies on the NLRB is not too different from when FDR sought to pack the Supreme Court by expanding it from 9 to 15 with the additional 6 being his hand-picked far left pals. This should be shot down though The One might withdraw these appointments before push comes to shove; after all, he IS a chicken.

I like your idea about impeachment - that is what needs to happen but not til after the elections when we own both the House and Senate. As it stands now, Reid would never bring the bill up for a vote.


26 posted on 04/17/2012 9:16:20 PM PDT by Rembrandt (.. AND the donkey you rode in on.)
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To: upchuck
My question: by what authority did the judge “decline” to rule? Is that like nobama deciding to not support DOMA?

From the article I linked:

In his decision issued Tuesday, District Judge Brian Cogan said the constitutional question has no bearing on his opinion about the injunction. "In the interest of judicial restraint, the Supreme Court has counseled that a court should not decide a constitutional question unless the question is absolutely necessary to the court's decision," he said.

P.S. I first found the referenced article through a google search and just noticed that when you follow a direct link it only shows a preview. A trick to get around this and see the complete article is to search for the title in google then click the link in google and you should see the complete article...

27 posted on 04/17/2012 9:17:45 PM PDT by DBeers (†)
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To: Semper911

Ping for tomorrow.


28 posted on 04/17/2012 9:21:26 PM PDT by Batman11 (Obama's poll numbers are so low the Kenyans are claiming he was born in the USA!)
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To: Semper911

Sue him? The Republican led House should impeach the treasonous usurper!!


29 posted on 04/17/2012 9:23:11 PM PDT by Jim Robinson (There's no crying in rebellion!!)
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To: Semper911

Payback’s a bitch, eh Miguel?

Revenge is sweet.

Time to take the bastards down!


30 posted on 04/17/2012 9:48:26 PM PDT by MadMax, the Grinning Reaper
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To: Lazamataz
"Start somewhere"

I agree. How about starting with enforcing the laws he's already broken, having him arrested and tried for treason?

Nahhhh We don't have anyone in washington with the eggs to honor the oath they took to protect and defend the Constitution of the United States from all enemies both foreign and domestic. Obomba is a foreign citizen of two countries and has yet to prove he is even a citizen of the United States and NO ONE in authority is arresting him. He is the most corrupt world leader that has ever lived and nobody is doing anything to stop him. Like Rush replies when asked, why does obomba do the things he does? Rush, "Because he knows nobody is going to stop him."

If romney wins the Republican nomination we can seriously kiss our country goodbye.

I guess my point is... If we're going to "start somewhere" start with enforcing the Constitution and immediately. Where are the Joint Chiefs?

Aaaaahhhhh.... Now I'm ranting. Rome's burning and the inmates are too stupid to put out the flames.

31 posted on 04/17/2012 9:54:02 PM PDT by Whats-wrong-with-the-truth (Romney... Just put the (D) behind your name and be done with it.)
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To: Semper911

Perhaps we’re all still in shock that a few near-worthless Senate RINOs might have finally started trying to grow a pair...?

That or we all figure the good Senator Mitch “Reach Around” McConnell will eventually torpedo this before it gets started.


32 posted on 04/17/2012 10:07:55 PM PDT by snuffy smiff (Socialism is the philosophy of failure, the creed of ignorance, and the gospel of envy.)
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To: Semper911
It also should have been acted on the minute it happened...

I recall reading an article around the time of the "appointments", ie within one or two news cycles, that the nature of the transgression required the injured party to bring suit. The injured party, though, not being the Senate but rather any subsequent NLRB action and it's directly affected parties.

33 posted on 04/17/2012 10:40:33 PM PDT by C210N (Go Newt!)
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To: aMorePerfectUnion

The Pubs may have waited so the courts didn’t refuse to hear their case under the political question doctrine. IANAL but that’d be my first guess.


34 posted on 04/17/2012 11:24:24 PM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Mariner

The Pubs control only the House. So they can bring impeachment charges, but what would that accomplish? The Dems control the Senate where the impeachment must be tried.


35 posted on 04/17/2012 11:30:31 PM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: upchuck

If I had to guess, I’d say he declined under the political question doctrine. ICBW.


36 posted on 04/17/2012 11:36:09 PM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: BuckeyeTexan

“So they can bring impeachment charges, but what would that accomplish? The Dems control the Senate where the impeachment must be tried.”

Yes - and that’s exactly what the problem was with impeaching Slick Willie. The House “impeached” him, but the Senate didn’t seal the deal.


37 posted on 04/18/2012 12:17:57 AM PDT by llandres (Forget the "New America" - restore the original one!!)
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To: llandres
The House “impeached” him, but the Senate didn’t seal the deal.

The House didn't "impeach" Clinton. The House actually impeached him. Not "sort of impeached." Not "in effect, impeached him." But in every legal and Constitutional sense, the House impeached Bill Clinton.
38 posted on 04/18/2012 12:31:28 AM PDT by aruanan
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To: aMorePerfectUnion

WHY did the republicans not file a suit instead of waiting for a private company to do the heavy lifting?...The court would have decided the Republicans had no standing (crassly put, they had no skin in the game) to bring this lawsuit up.


39 posted on 04/18/2012 12:41:56 AM PDT by Safetgiver (The predator class is upset because they are being shot.)
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To: aMorePerfectUnion

That was rhetorical, right? The eGOP barely cares more about the Constitution than obastard...


40 posted on 04/18/2012 1:06:20 AM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: Semper911
The Senate should decide when the Senate is in session,” said Sen. Roy Blunt, R-Mo.

Should???? Maybe he should read the Constitution:

Each House may determine the Rules of its Proceedings

41 posted on 04/18/2012 2:14:14 AM PDT by ALPAPilot
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To: Semper911
The Senate should decide when the Senate is in session,” said Sen. Roy Blunt, R-Mo.

Should???? Maybe he should read the Constitution:

Each House may determine the Rules of its Proceedings

42 posted on 04/18/2012 2:14:22 AM PDT by ALPAPilot
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To: ExTxMarine

And why hasn’t Boehner cut the funding? Tell the appointees to go home there is no job.


43 posted on 04/18/2012 3:11:26 AM PDT by Son House (The Economic Boom Heard Around The World => TEA Party 2012)
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To: BuckeyeTexan; llandres
I don't normally post very much from the Anti-Federalists, but considering how the Senate under Reid has become one with The One . . .

"It has been wittily observed that the Constitution has married the President and Senate — has made them man and wife. I believe the consequence that generally results from marriage will happen here. They will be continually supporting and aiding each other: they will always consider their interest as united. They can with facility act in concert, and on a uniform system: they may join, scheme, and plot, against the people without any chance of detection. The Senate and President will form a combination that cannot be prevented by the representatives. The executive and legislative powers, thus connected, will destroy all balances: this would have been prevented by a constitutional council, to aid the President in the discharge of his office, vesting the Senate, at the same time, with the power of impeaching them. Then we should have real responsibility. In its present form, the guilty try themselves. The President is tried by his counsellors."

George Mason, Virginia Ratification Convention, 1788.

44 posted on 04/18/2012 3:38:00 AM PDT by Jacquerie (No court will save us from ourselves.)
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To: Jacquerie

Excellent post and very informative.

Right now, we have that bagman and shill Reid being used as a blocker for His Excellency’s running game.

Yesterday was the vote on the “buffet rule”. Since that had to do with Taxes, how did this begin its life in the Senate...I thought all tax legislation must begin in the house? However, in this upside down world of obamaland politics, whatever he wants, he gets out of Reid and those pussheads in the senate, the dems, whom I believe are akin to hemmoroids on the republic including that RINO from Maine who voted with them.


45 posted on 04/18/2012 4:06:11 AM PDT by Mouton (Voting is an opiate of the electorate. Nothing changes no matter who wins..)
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To: Son House

Catch 22. The House can deny funding, but when appropriations bills aren’t earmarked for specific spending, the decision on spending becomes discretionary. That pretty much allows Obama to spend appropriated funds where he wants. Thus his ability to pay his czars. Boehner would have to attach an amendment to an appropriations bill specifically preventing Obama from spending money to fill those positions and Reid’s Senate would never pass it.


46 posted on 04/18/2012 5:50:10 AM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Jacquerie

That was prescient!


47 posted on 04/18/2012 6:58:38 AM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Mouton

Bam’s Blocker. Perfect.


48 posted on 04/18/2012 7:18:55 AM PDT by Jacquerie (No court will save us from ourselves.)
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