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Third court overturns Obama recess appointments
Posted: Jul 17, 2013
A third federal appeals court ruled Wednesday that President Obama violated the Constitution last year when he made recess appointments to the National Labor Relations Board, adding more weight to the case as it goes before the Supreme Court in the justices’ next session.
That ruling rejects Mr. Obama’s own interpretation that he can make appointments whenever he deems the Senate to be unable to give him “advice and consent” on his nominees.
Full article below:
http://www.washingtontimes.com/news/2013/jul/17/third-court-overturns-obama-recess-appointments/
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The Washington Times? Thanks, but no, thanks. - Libby
[ In Reply To ..]
How about this, then? - Truthhurts
[ In Reply To ..]The Third Circuit was the SECOND court to invalidate President Obama’s recess appointment to the NLRB. The court found that under the Recess Appointments Clause of the U.S. Constitution, the President does not have authority to make recess appointments when Senate is on a break in the middle of a session.
The D.C. Circuit court was the FIRST to find that recesses only include intersession recesses. That is, breaks between sessions, not during them. The court also considered when vacancies had to exist: during the recess or before. The Third Circuit, however, did not go on to address that distinction. The court only focused on the meaning of recess.
Now the Fourth Circuit is the THIRD court to invalidate President Obama’s appointments to the NLRB. So, any decision or rule made against a company or individual during the 3 appointees by by President Obama are null and void. The next step would be the Supreme Court if Obama wants to keep the fight going, but with three courts ruling that he did not have the authority to make those appointments, do you really think the Supreme Court will decide differently?
I read the whole thing and would post a synopsis of their reasons and findings, but when I do something like that, I get flak over long postings and they don't feel my posts deserve being read, so if you would like, i can post them. Up to you.
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