Justice
Troy Senik, Ed. ·
January 25, 2013 at 5:28pm
Even though it's only been about a year, it seems that most Americans have forgotten about this little exercise in executive overreach. Thankfully, the federal courts haven't. From the Washington Times:
A federal appeals court has overturned President Obama’s controversial recess appointments from last year, arguing he abused his powers and acted when the Senate was not actually in a recess.
The three-judge panel’s ruling is a major blow to Mr. Obama. The judges ruled that the appointments Mr. Obama made to the National Labor Relations Board are illegal, and the board no longer has a quorum to operate.
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Jun '10
Re: Justice
Smack down!!
Nov '11
Re: Justice
Good to know the system occasionally still works.
Nov '10
Re: Justice
On a chilly and foggy friday morning here in Fresno CA this just warmed my heart right up and cleared the fog away.
May '10
Re: Justice
Good. The longer the NLRB lays fallow, the better. They've been acting as if Section 7 of the NLRA gives the federal government carte blanche to regulate private employment relationships.
May '10
Re: Justice
Did the NLRB enact anything while this review was taking place? If so, does this ruling invalidate those NLRB actions?
Nov '11
Re: Justice
Aaron Miller
Did the NLRB enact anything while this review was taking place? If so, does this ruling invalidate those NLRB actions? · 0 minutes ago
I was curious about that myself.
And I'm eager for the Law Talk where they discuss this.
Jul '10
Re: Justice
Aaron Miller
Did the NLRB enact anything while this review was taking place? If so, does this ruling invalidate those NLRB actions? · 5 minutes ago
You beat me to it. I would think any rulings they made would have no legitimacy if they were illegally appointed.
May '10
Re: Justice
What about the Cordray appointment to CFPB? Are they shut down for the time being as well?
Mar '11
Re: Justice
For what it's worth, the AP story includes the following:
Cordray's appointment has been challenged in another case.
Dec '10
Re: Justice
More from the Times story:
I think this takes us back to the original intent of recess appointments. Huzzah! Roberts will never let this stand though.
Edited on January 25, 2013 at 6:28pmJul '11
Re: Justice
I wish I could do a happy dance over the head of my slain enemy but alas he is a hydra and vigilance is ever needed.
Oct '12
Re: Justice
That was faster than I thought it would take. Is Obama taking it to the supreme court? I'm sure he will lose there also.
Dec '10
Re: Justice
I'm reading the decision now (cause I'm a geek on lunch break), and I love (LOVE!) that they take the originalism in Heller as directive for future rulings. To wit:
The whole decision seems to turn on the difference between "recess" and "the Recess" in the original wording. Glorious.
Dec '10
Re: Justice
"We will not do violence to the Constitution by ignoring the Framers’ choice of words."
Full arousal...
This decision reads like the Federalist Society penned it.
Sep '10
Re: Justice
Aaron Miller
Did the NLRB enact anything while this review was taking place? If so, does this ruling invalidate those NLRB actions? · 1 hour ago
I think they spent the majority of their efforts trying to convince Boeing to not build an non-union plant.
Dec '10
Re: Justice
But wait, there's more!
Not only can the president not appoint people during a non-recess, he cannot use the recess appointment provision to fill vacancies that carry over into a recess. No more waiting out the Senate and having his way. Granted, that would have meant no John Bolton at the U.N., but I'm willing to play by the rules if the dems are forced to do it too.
Apr '11
Re: Justice
if we are not able to rid ourselves of these unconstitutional agencies yet, rendering them impotent is the next best thing.
Dec '10
Re: Justice
Aaron Miller
Did the NLRB enact anything while this review was taking place? If so, does this ruling invalidate those NLRB actions? · 2 hours ago
The opinion specifically invalidated the NLRB ruling in this case, but who knows if that will invalidate every other action taken by the board without more specific cases filed against it. When this goes to SCOTUS they will have a major problem on their hands. I can see them ducking the issue and allowing each illegal action taken by the board to stand until challenged directly rather than sweeping away a year's work by the tyrrants. If SCOTUS upholds the circuit, this case lays the next brick in the path back to a constitutionally limited government.
Re: Justice
If the decisions stands, and isn't reversed by the Supreme Court, this potentially jeopardizes actions taken by Cordray under his current appointment. Of course, Obama is now trying to get Cordray appointed the proper way.
Re: Justice
The King Prawn: I'm reading the decision now (cause I'm a geek on lunch break), and I love (LOVE!) that they take the originalism inHeller as directive for future rulings. To wit:
The whole decision seems to turn on the difference between "recess" and "the Recess" in the original wording. Glorious. · 1 hour ago
This is indeed a huge endorsement of the "original public meaning" school of originalism. Of course, it won't change the Living Constitution philosophy of people like Sotomayor and Kagan, but every appellate endorsement of original meaning is significant.