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    D.C. Appeals Court rules Obama recess appointments unconstitutional

    D.C. Appeals Court rules Obama recess appointments unconstitutional

    Just breaking.  Via AP:

    President 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.

    Update — I was hoping to have some time to go over the decision, but I don’t. So here’s some commentary by John Elwood at Volokh Conspiracy:

    This is a very important and very broad holding–indeed, much broader than when it appeared that this case would be resolved on the President’s ability to make recess appointments when the Senate was conducting “pro forma” sessions.

    The main thrust of the court’s opinion is that the recess appointment power extends only to intersession recesses–recesses between sessions of Congress–and not to intrasession recesses. Intrasession recess appointments have been made fairly commonly since WWII, and have been particularly common since the Reagan Administration. UN Ambassador John Bolton and Judge William H. Pryor, Jr. are two of the more high-profile intrasession recess appointments in recent years. The D.C. Circuit’s holding is is in acknowledged conflict with an Eleventh Circuit opinion from 2004. Intrasession appointments may be even more common than intersession appointments, so this is an important ruling as a practical matter.

    But the court also held (or at least stated) that the recess appointment power may only be used to fill vacancies that arise during the recess of the Senate.

    This decision has the potential to become the new Citizens United to the left, a court decision over which they foam at the mouth and say all sorts of insane things.

    Canning v. NLRB – D.C. Ct. of Appeals Decision 1-25-2013


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    Hallelujah! Any chance the court could do their job and find B. Hussein unconstitutional as well and impeach the sorry son of a female dog? (Yeah, riiighttt.)

    MaggotAtBroadAndWall | January 25, 2013 at 5:44 pm

    The NLRB is essentially channelling Andrew Jackson who once said of Chief Justice John Marshall, “he made his decision; now let him enforce it.” In other words, the NLRB doesn’t really care about the ruling. Business as usual.

    jimzinsocal | January 26, 2013 at 8:59 am

    I wondered why the left seemed to be struck dumb yesterday on the ruling. Now we see they had to find a new name to attach to the Judges involved. Get a load of this gem

    Neoconfederate Judges Rule NLRB Recess Appointments Unconstitutional

    jimzinsocal | January 26, 2013 at 11:16 am

    Saturday Pilot Fish Media Reporting on Court Ruling on Obama’s Unconstitutional Recess Appointments.

    CNN: No obvious Reporting. More important to report a Dog Eats His Own Tail (See left hand top stories at CNN Website)

    NBC: Whitehouse Sees No Impact

    Yahoo News: Ruling Wont Affect Other Obama Picks

    Repeat after me: There is no media bias, there is no media bias, there is no media bias

    And the NLRB has announced that they will continue to conduct their business, as usual. Don’t expect any changes until and unless someone in the Obama Administration is either (1) impeached and removed from office or (2) is held in contempt of court and jailed to enforce obedience. Don’t hold your breath.

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