Friday, January 25, 2013

Appeals Court Holds Obama Recess Appointments To NLRB Unconstitutional

Finally, one of Obama's many overreaches has been smacked down - and this one is important. A three judge panel of the U.S. Court of Appeals for the D.C. Circuit has unanimously held that Obama's recess appointments of radical pro-union individuals to the NLRB, made last year while the Senate was still in pro forma session. are unconstitutional. This means that the decisions of the NLRB made during the past year are invalid. Further, it means that the NLRB is down to one lawful member. The NLRB requires a quorum of at least three members to issue decisions. Thus, it is currently shut down. It really needs to stay that way for the next four years.

This from the AP:

. . . 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, . . .

The Appeals Court reached the correct decision on the law. As to what the Supreme Court will do, I have no faith the John Roberts will decide based on the law rather than politics. We will have to wait and see what happens.

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