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Started By
Message
NLRB appointments no good - Senate was not in recess
Posted on 6/26/14 at 9:12 am
Posted on 6/26/14 at 9:12 am
According to what I understand from the news, Obama lacked the authority to appoint members to the NLRB during a 3-day 'recess' of the Senate.
I remember this when it happened, but I did NOT remember that the 'recess' was only THREE F'n DAYS!!!
What a piece of shite we have in the WH.
I remember this when it happened, but I did NOT remember that the 'recess' was only THREE F'n DAYS!!!
What a piece of shite we have in the WH.
10
Posted on 6/26/14 at 9:17 am to ChineseBandit58
Wonder what the repercussion will be? Are the appointees de-appointed or is Obama charged for malfeasance of office? Will not hold my breath for an answer.
Posted on 6/26/14 at 9:17 am to ChineseBandit58
quote:
The Supreme Court has limited a president's power to make temporary appointments to fill high-level government jobs. The court said Thursday that President Obama exceeded his authority when he invoked the Constitution's provision on recess appointments to fill slots on the National Labor Relations Board in 2012. The justices said in their first-ever consideration of the Constitution's recess appointments clause that Congress gets to decide when it is in recess and that there was no recess when Obama acted. The president said he made the appointments in the face of Republican refusal to allow the NLRB to function.
LINK
Posted on 6/26/14 at 9:21 am to Homesick Tiger
quote:
Wonder what the repercussion will be?
Also, will this mean that every decision that NLRB made during that time is automatically null and void?
Posted on 6/26/14 at 9:22 am to Quidam65
quote:
Also, will this mean that every decision that NLRB made during that time is automatically null and void?
I think so...
Posted on 6/26/14 at 9:22 am to Quidam65
quote:
Also, will this mean that every decision that NLRB made during that time is automatically null and void?
Interesting
Posted on 6/26/14 at 9:23 am to ChineseBandit58
This ruling is a no-brainer.
The Senate was having pro-forma sessions specifically to block recess appointments and yet Obama tried to declare them in recess so he could make his appointments.
I guess he figured that he could steamroll SCOTUS on this and/or the damage done by his recess appointed guys to the NLRB would be enough that the eventual SCOTUS rebuke would be irrelevant.
The Senate was having pro-forma sessions specifically to block recess appointments and yet Obama tried to declare them in recess so he could make his appointments.
I guess he figured that he could steamroll SCOTUS on this and/or the damage done by his recess appointed guys to the NLRB would be enough that the eventual SCOTUS rebuke would be irrelevant.
Posted on 6/26/14 at 9:23 am to Quidam65
It should. If they don't have a quorum then they can't make decisions.
Posted on 6/26/14 at 9:23 am to ChineseBandit58
quote:
The decision, which was unanimous in judgment, preserves the recess appointment power much as it was prior to Obama’s confrontation with Congress three years ago
Posted on 6/26/14 at 9:25 am to Homesick Tiger
quote:
Wonder what the repercussion will be? Are the appointees de-appointed
I would hope so - and I wish these lackies would have to pay back their salaries since their employment was unconstitutional.
Posted on 6/26/14 at 9:25 am to DeltaDoc
quote:quote:
Also, will this mean that every decision that NLRB made during that time is automatically null and void?
Interesting
Yes, it nullifies every decision made by the board during the time these people were on it. There was only one legally appointed member, meaning there was no quorum.
Posted on 6/26/14 at 9:27 am to teke184
quote:
Yes, it nullifies every decision made by the board during the time these people were on it.
Just heard the lawyer for the plaintiff verify that fact on tv news.
This post was edited on 6/26/14 at 9:28 am
Posted on 6/26/14 at 9:27 am to teke184
quote:
This ruling is a no-brainer.
The Senate was having pro-forma sessions specifically to block recess appointments and yet Obama tried to declare them in recess so he could make his appointments.
I guess he figured that he could steamroll SCOTUS
I wonder if he will tongue-lash them in the SOTU next year?
Posted on 6/26/14 at 9:28 am to teke184
Good job by the media on this, letting us know it was wrong right from the jump.
Posted on 6/26/14 at 9:29 am to ChineseBandit58
This is a great ruling and big slap down of Obama's continuous game-playing when it comes to our founding document and system of government. Kudos to the Court.
Posted on 6/26/14 at 9:29 am to BeaverPRO
quote:
The Supreme Court has limited a president's power to make temporary appointments to fill high-level government jobs. The court said Thursday that President Obama exceeded his authority when he invoked the Constitution's provision on recess appointments to fill slots on the National Labor Relations Board in 2012. The justices said in their first-ever consideration of the Constitution's recess appointments clause that Congress gets to decide when it is in recess and that there was no recess when Obama acted. The president said he made the appointments in the face of Republican refusal to allow the NLRB to function.
Translation: he broke the law.
I wonder if this is something that will be included on Boehner's lawsuit?
Posted on 6/26/14 at 9:30 am to ChineseBandit58
Anyone got a number of how the judges voted?
Posted on 6/26/14 at 9:30 am to Homesick Tiger
9-0, I'm hearing. Even Kagan and the Wise Latina came down against him.
Posted on 6/26/14 at 9:30 am to Homesick Tiger
Unanimous decision said above.
Posted on 6/26/14 at 9:30 am to Bard
quote:
Translation: he broke the law.
Does this qualify as a 'smidgen'?
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