Obama's labor relations board appointment ruled unconstitutional

[ScienceRocks]

Breaking: Obama also set to make recess appointments to the NLRB
WaPo ^ | 1/4/12 | Greg Sargent

Breaking: Obama also set to make recess appointments to the NLRB - The Plum Line - The Washington Post
It isn’t just Richard Cordray. Obama is also set to use recess appointments to install his picks to the National Labor Relations Board, according to White House officials and others familiar with ongoing discussions.

The move, which is arguably as impotant as the Cordray appointment, will ratchet up opposition from Republicans and make this an even bigger fight, since they have been attacking the NLRB regularly for its moves to streamline union elections and inform workers of their rights.

Obama is set to appoint Sharon Block, Terence Flynn, and Richard Griffin to the board — something unions have made a big priority for them in the new year. Senate Republicans have opposed the recess appointments to the NLRB on constitutional grounds, but unions charge that Republicans are only interested in rendering the agency inoperative.


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

 

[Avatar4321]

This is only the third or forth thread on this today.

So much for breaking.

 

[merrill]

Excellent move.....

 

[C_Clayton_Jones]

Breaking: Obama also set to make recess appointments to the NLRB

As he should, if the Senate refuses to execute its Constitutional mandate where republicans are playing politics, the Executive has no other choice but to act.

This is a problem Senate republicans alone created, they alone are to blame.

It’s as if Senate republicans expect the president to make no appointments at all, which is clearly incorrect and idiotic.

 

[Avatar4321]

Breaking: Obama also set to make recess appointments to the NLRB

As he should, if the Senate refuses to execute its Constitutional mandate where republicans are playing politics, the Executive has no other choice but to act.

This is a problem Senate republicans alone created, they alone are to blame.

It’s as if Senate republicans expect the president to make no appointments at all, which is clearly incorrect and idiotic.

Considering we don't even need the department that he's going to run, and the fact that the Senate isn't in recess. There is absolutely no reason nor legal justistication for him making a recess appointment.

 

[occupied]

Congress is broken and stuck to axles in partisan obstructionism. If a congress has objections then make them and defend them to America but simple no comment obstructionism for the purpose of partisan sabotage cannot be allowed to continue. Obama has thrown down the gauntlet, now it is time for republicans to either justify their obstruction or shut the hell up and continue studiously doing nothing for this country.

 

[waltky]

Obama's recess appointments could be in trouble...

Obama's recess appointments might not hold up in court
01/18/12 : Some legal experts, including those who have sided with President Obama on other constitutional issues, think there is a good chance the courts could overturn his recent recess appointments.

Legal experts said courts could invalidate Obama’s appointments to the Consumer Financial Protection Bureau (CFPB) and National Labor Relations Board (NLRB) because there is scant precedent on the issue. “It’s untested ground. If I were a judge, I could write out an opinion either way. There’s no clear precedent,” said Charles Fried, a constitutional expert at Harvard Law School who served as solicitor general under former President Reagan. The Justice Department has argued that the pro forma sessions the Senate has held since Dec. 17 do not constitute genuine sessions of work and that the upper chamber has been, for all practical purposes, on vacation.

But Fried, who has sided with the Obama administration on challenges to the constitutionality of healthcare reform, said courts might not be willing to judge what qualifies as working sessions of the Senate, especially considering how much time the chamber spends on quorum calls lately. “A court might very well say that we don’t want to start saying something the Senate calls a session is not a real session because not a lot of senators are around,” Fried said. “One might say that this whole year is one which is not a real session.” Fried added that it is well-established that the president has power to make recess appointments, but it is not clear at all whether the two-day gap between pro forma sessions counts as a real recess.

Business groups can point to an amicus brief the late Sen. Edward Kennedy (D-Mass.) filed with the 11th U.S. Circuit Court of Appeals in 2004 challenging then-President George W. Bush’s recess appointment of Judge William Pryor Jr. to that court. Kennedy argued that a 10-day recess the Senate took for Presidents Day did not amount to a constitutionally valid recess that would allow Bush to make a recess court appointment. “The appointment of Judge Pryor is unconstitutional. An intra-session adjournment is not ‘the Recess’ to which the Recess Appointments Clause refers,” Kennedy wrote.

Last week, three business groups — the National Right to Work Foundation (NRWF), Coalition for a Democratic Workplace and the National Federation of Independent Business — filed a legal action challenging Obama’s recess appointments to the NLRB. Legal experts said challenges filed in response to new regulations are likely to be more viable in court than Friday’s motion from the NRWF, which challenges the appointments based on ongoing litigation against a previous regulatory action. The U.S. Chamber of Commerce said it had no plans to sue immediately but would wait until the CFPB and the NLRB issued their first regulations with the new appointees in place.

MORE

 

[Amelia]

This is certainly going to be an interesting year judicially.

 

[RetiredGySgt]

Breaking: Obama also set to make recess appointments to the NLRB

As he should, if the Senate refuses to execute its Constitutional mandate where republicans are playing politics, the Executive has no other choice but to act.

This is a problem Senate republicans alone created, they alone are to blame.

It’s as if Senate republicans expect the president to make no appointments at all, which is clearly incorrect and idiotic.

Remind us of your opinion when Reid did this to Bush? By the way, recess appointments can only legally be made when Congress is in recess. Which they have not done YET.

 

[Remodeling Maidiac]

Washington Post

 

[TNHarley]

Wonder if that mutha fucka knows what the COTUS is. Really beginning to wonder. Everything that fuck up does is deemed unconstitutional.

 

[Remodeling Maidiac]

Snip

WASHINGTON — A federal appeals court has ruled that President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel.

 

[BlindBoo]

Bound for the Supremes.

 

[AmyNation]

Bound for the Supremes.

Yup. It'll be interesting to see how they rule.

 

[Remodeling Maidiac]

Bound for the Supremes.

Rather than wasting our tax dollars on trivial shit why doesn't he just follow the proper channels?

 

[peach174]

I wonder if Obama is going to try something similar to F.D.R.'s court packing plan?
He is doing the same types of things that F.D.R. did.

 

[AmyNation]

Have you looked at all the vacancies of fed. Judges recently? I'm not saying I agree with what he did, but the volume of blocking appointees, not because you take issue with the person, but simply in order to annoy the President is turning into a serious issue.

 

[slackjawed]

three threads on this already, hope they get merged but this is the oldest one.

I have to wonder if this is more grandstanding. This is how it looks to me;
Both houses of congress refuse to work together to accomplish anything. Our so-called leaders are no longer interested in actually accomplishing anything other than partisan bickering over the smallest issues. Is this a "bomb" that was intentionally planted by the republicans in congress?
If they would not approve any of the appointments, could the president have been forced into making these appointments in order to fill the posts he needed filled? Could the congressional republicans have intended that, thereby snapping the jaws shut on trap which would result in an unfavorable supreme court ruling?

I am not supporting Obama here. I am not happy with any of our so-called leaders right now. So dismiss the idea right now that I am defending Obama, or anyone else for that matter.

 

[Jroc]

Bound for the Supremes.

It'll come back the same way, since those appointments were unconstitutional

 

[Freewill]

What the hell would Obama know about Constitutional law?