Court rules Obama's appointments unconstitutional

By artappraiser on Sat, 01/26/2013 - 4:12am |

By Aruna Viswanatha and Terry Baynes, Reuters, Jan 25, 2013 8:38pm EST

A federal appeals court ruled on Friday that President Barack Obama violated the U.S. Constitution when he used recess appointments to fill a labor board, in a sweeping decision that could limit presidential power to push through federal nominees [.....]

In a surprisingly broad ruling, the three-judge panel rejected not only the NLRB appointments but any made while the Senate is in session but on a break. That could limit recess appointments to only a few weeks a year [....]

For more see:

The Washington Post

URL:

http://www.reuters.com/article/2013/01/26/us-usa-obama-appointments-idUSBRE90O0TG20130126

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My source, who is pro-labor, reasonable and knowledgeable about labor law and the NLRB, says it is likely to go to the Supreme Court, where 5 votes to uphold or reinstate what he considers a "very radical" decision here might conceivably be found. Given the extent to which both parties, but the GOP far more so, have resorted to slow-walking and blocking nominations to federal agencies and the courts, whatever the eventual outcome is will have important implications going forward, in labor law but also in many other areas as well.

by AmericanDreamer on Sat, 01/26/2013 - 12:36pm

The Declaration of Independence

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

by Resistance on Sat, 01/26/2013 - 1:52pm

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