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Appeals Court Strikes Down Obama recess appointments
Posted: Jan 25, 2013
Really? You mean the courts are finally going to start doing their job?
A federal appeals court said Friday that President Obama overstepped his authority with a series of recess appointments to the National Labor Relations Board.
The case may wind up in the Supreme Court and determine how far the president can go in appointing people whose nominations would be filibustered in the Senate.
The result could affect the standing of other Obama appointees, such as the head of the president's new Consumer Financial Protection Bureau, Richard Cordray.
In legal briefs, Obama said his recess appointments were legal because the Senate was on vacation at the time.
But Republican senators who joined in a lawsuit said the chamber stayed in a "pro forma" legal session during the time in question, denying Obama the right to make recess appointments — and the U.S. Court of Appeals for the D.C. Circuit agreed with them.
Sen. Orrin Hatch, R-Utah, said today's ruling "will go a long way toward restoring the constitutional separation of powers."
Senate Republicans had blocked Obama's appointees to the National Labor Relations Board, calling them too pro-union.
Read the rest here:
http://www.usatoday.com/story/news/2013/01/25/obama-senate-recess-appointments-supreme-court/1864377/
One court, one judge. There have been 280 intra-session recess appointments - since 1867
[ In Reply To ..]by democrat and republican presidents. This DC circuit court is trying to rule against THAT historical precedent. Good luck with that. The adminstration is preparing its appeal to the next level court as we speak.
Not so. It was a 3-judge panel - and was unanimous.
[ In Reply To ..];)
This isn't a surprise, tho. He stretched to the max because - the GOP was trying to make his
[ In Reply To ..]administration fail, and with it to make the people so unhappy and hurt so bad we'd vote all pub last election. That this sabotage of our nation is so despicable that we ought to put the GOP leadership on a one-way trip to the Antilles doesn't somehow many President Obama's stretching his powers too far okay. Although his appointees were able to get some badly needed work done...
This, of course, goes double for a number of clearly unlawful Bush actions. No one who doesn't think a number of members of his administration, including him, should have been prosecuted should be complaining about Obama's minor stretching of the law.
Of course - sm
[ In Reply To ..]Bring Bush into this, or any other republican or conservative for that matter. The post is not about Bush breaking the law; it is about Obama breaking (not minor stretching) the law. But the Obama supporters always seem to want to divert attention from their leader and his shortcomings.
Just inserting some perspective and I didn't say Obama was - right, just needing to do his job.
[ In Reply To ..]If you insist Obama is wrong for this, you SHOULD want Bush to hang for his...stretchings of the law. One law for everyone, or one constitution.
Anyway, although I don't like presidents stretching the limits of the Constitution (much less breaking the law), let's remember this is an appellate court reversing a lower court decision. It may itself be reversed by the Supreme Court when there's so much room for disagreement on how this should go.
BTW, ex- President Bush 2 still can't be sure he won't be arrested if he travels almost everywhere in the world. He's been somewhat protected by his stay-out-of-jail-free card, not by his innocence, but ex- President Pinochet's arrest in London under international law for torturing prisoners means that door IS open.
And there are so many other issues. I'd just be a lot more understanding of your anger at Obama if you insisted on the same standard to GOP administrations. This would be a very different country now.
sensible, realistic response - nm
[ In Reply To ..]
"Sabotage of our Nation" by GOP - Truthhurts
[ In Reply To ..]I think you should start reading the Constitution.
I also think you should stop listening to Tingles, MadCow, Col. Clink's sidekick (Schultz) and the others and start realizing that Obama is trying to subvert the Constitution every chance he gets. He got away with it that last time by setting EOs while Congress was still in session but I don't know,and truly hope, that he won't get away with it this time --although the Supreme Court is in his pocket, which is REALLY scary.
How much longer are you going to deny his agenda that will give him absolute power over our Congress? He's been trying since his first term.
Truthfully, his inaugural speech should have warned you that he will stop at nothing to achieve his goals, but of course, most Obama voters seem to think a government like Cuba or Venezuela, and even Greece or France (with their social agendas) are the best thing since apple pie.
Greece and France read their ugly heads once again - lol. truth. sm
[ In Reply To ..]The Supreme Court is in his pocket? What does that mean? What "agenda" to have absolute power over Congress? Have you read the constitution? What, in his inaugural speech, should have warned us that he will stop at nothing?
I don't know if the truth hurts; I can't find any in your post.
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