At least someone is paying a little attention to the power grab ... "Long Live the King"!
Appeals court panel rules Obama recess appointments to labor board are unconstitutional
By Associated Press,
Updated: Friday, January 25, 10:12 AM
WASHINGTON — President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel, a federal appeals court panel ruled Friday.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said that Obama did not have the power to make three recess appointments last year to the National Labor Relations Board.
The unanimous decision is an embarrassing setback for the president, who made the appointments after Senate Republicans spent months blocking his choices for an agency they contended was biased in favor of unions.
The ruling also throws into question Obama’s recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray’s appointment, also made under the recess circumstance, has been challenged in a separate case.
Obama claims he acted properly in the case of the NLRB appointments because the Senate was away for the holidays on a 20-day recess. But the three-judge panel ruled that the Senate technically stayed in session when it was gaveled in and out every few days for so-called “pro forma” sessions.
GOP lawmakers used the tactic — as Democrats have in the past as well — to specifically to prevent the president from using his recess power. GOP lawmakers contend the labor board has been too pro-union in its decisions. They had also vigorously opposed the nomination of Cordray.
The Obama administration is expected to appeal the decision to the U.S. Supreme Court, but if it stands, it means hundreds of decisions issued by the board over more than a year are invalid. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members.
On Jan. 4, 2012, Obama appointed Deputy Labor Secretary Sharon Block, union lawyer Richard Griffin and NLRB counsel Terence Flynn to fill vacancies on the NLRB, giving it a full contingent for the first time in more than a year. Block and Griffin are Democrats, while Flynn is a Republican. Flynn stepped down from the board last year.
Obama also appointed Cordray on the same day.
The court’s decision is a victory for Republicans and business groups that have been attacking the labor board for issuing a series of decisions and rules that make it easier for the nation’s labor unions to organize new members.
Poor pitiful losing Republicans, this is all you have? I only wish you got so outraged when Bush and clan ignored the constitution and LIED about WEAPONS OF MASS DESTRUCTION. Now, thousands of Americans are DEAD and still DYING and yet your outrage is over the fact that our President Obama has had every nomination filibustered by you losers so he appointed one in a much needed position. Hey, if you are getting your hypocritical selves upset over this, just wait until our President Obama, elected in a huge landlside, start to use executive power to get some progress on issues your minority party keeps filibustering. Oh, you'll all be crying like the big bullies you are who now got smacked hard by reality and are crying like sissies. I know you all hate that the country has gone in a positive direction forward that includes everyone, and that your desire to turn back the white hands of time to when you weren't so scared, but you must face reality, you and your party are now completely out of touch and WE THE PEOPLE made sure you were all put in your sad little angry dark place. ROTFLMAO !!!!! Here's a tissue babies, now wipe your eyes and man up. LOL.
Minn, go milk the cows, at least that is something you are good at. And just get over It, Obama won a second term, so just live with it.
Besides, you have no cred, since you voted twice for that air-head GW, who lied us into a war, then presided over the worst economy since the great depression.
keep always brings up George Bush - even after Obama has had four years and he has done nothing bu screw it up even more.....
keep is one dumb lib and a perfect example as to how someone like Obama can get elected....
Those who should be embarrassed are those who purport to believe that "gaveling in" constitutes the Senate being in session, just like filibustertung constitutes legislative debate. Supreme Court will properly disregard the form for the substance and everse the ruling.
Sentiment: Strong Buy
#$%$kkkk the Muslim - he goes against the Constitution everyday - but his robots don't care.....
he should be publicly caned on pay per view - most highly watched in history GUARANTEED! Where's my popcorn?
And nothing was done. They couldn't decide or stalled, so Bam decided for them-they look impotent so they had it overturned and still didn't appoint anyone in that time. they need Vivarin, Cialis, Vit B12 and a taser! And a big dose of "face" because they have none!