Appeals Court panel rules Obama recess appointments to labor board are unconstitutional

ReconMarine~PWCM*AVA*BTTB*JLA* 2013/01/25 18:11:54

By Associated Press,
Jan 25, 2013 05:56 PM EST

AP Updated: Friday, January 25, 9:56 AM

WASHINGTON — In an embarrassing setback for President Barack Obama, a federal appeals court panel ruled that he violated the Constitution in making recess appointments last year, a decision that would effectively curtail a president’s ability to bypass the Senate to fill administration vacancies.

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 because the Senate was officially in session — and not in recess — at the time. If the decision stands, it could invalidate hundreds of board decisions.

The court said the president could only fill vacancies with the recess appointment procedure if the openings arise when the Senate is in an official recess, which it defined as the break between sessions of Congress.

The ruling also threw into question Obama’s recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray’s appointment, also made at the same time, has been challenged in a separate case.

The White House had no immediate comment, but is expected to appeal the decision. The same issue is currently before several other federal appeals courts.

“With this ruling, the D.C. Circuit has soundly rejected the Obama administration’s flimsy interpretation of the law, and will go a long way toward restoring the constitutional separation of powers,” said Sen. Orrin Hatch, R-Utah.


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  • bman~AVA~BTTB 2013/01/25 18:58:46
    Good deal! I'm very happy to see that the courts are fighting the socialists unconstitutional decisions. Maybe they will eventually push for his impeachment.

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  • redhorse29 2013/02/21 01:58:09
    So what.... what will the court do to undo the damage?
    What are the odds the supreme court will support this finding? Not a snowball in HELL.

    I never expect Washington or the judicial system under this administration to support the Constitution or other founding national isms.
  • joe keeney 2013/01/29 02:14:19 (edited)
    joe keeney
    Now that a big old Sh!t Burger.
  • ReconMa... joe keeney 2013/02/02 21:27:30
  • joe keeney ReconMa... 2013/02/03 00:15:32
    joe keeney
    Truer words were never spoken. Thanks
  • ReconMa... joe keeney 2013/02/03 00:30:29
  • joe keeney ReconMa... 2013/02/03 00:39:06
    joe keeney
    Nail it
  • ReconMa... joe keeney 2013/02/03 00:41:23
  • Temlakos~POTL~PWCM~JLA~☆ 2013/01/28 01:59:00
    And in so doing, the court gave the best way to tell when Congress is out of session: when both houses have adjourned sine die.
  • ReconMa... Temlako... 2013/01/28 02:15:05
  • Bill 2013/01/26 17:11:13
    Just another check in the power/greed box. While we are at it, lets do a check of all of CONgress and their latest "law" making power grabbing escapades!
  • ReconMa... Bill 2013/01/28 02:16:02
  • lm1b2 2013/01/26 16:41:30
    Considering the fact that GW Bush the War Criminal had over a hundred such appointments,we will have to see what the Supreme Court says. I think Presidential Power needs to be curtailed,they have assumed way to much power over the years!
  • me lm1b2 2013/01/26 17:23:52
    Why is it you libs always say well, Bush did it. Does that make it OK? Because if it does, then why do you whine about everything Bush did? Obama by your definition is another Bush.
  • lm1b2 me 2013/01/27 03:55:46
    I have know love for either one,Bush is the one of the worst Presidents in History,and a War Criminal.If it wasn't for him we would not be stuck with Obama now.Stick with the facts,as far as Me being a Liberal i voted for the idiot Mormon!
  • ReconMa... lm1b2 2013/01/28 02:19:32
  • lm1b2 ReconMa... 2013/02/02 16:04:31
    Get over the FACT that this War Criminal sent us to War based on lies,you have to be kidding,or your a complete idiot!
  • ReconMa... lm1b2 2013/02/02 21:29:53 (edited)
  • lm1b2 ReconMa... 2013/02/05 20:18:03
    Every Country in the World Knew it was Lies,and so did Bush,and Company,you get over it A-Hole!
  • ReconMa... lm1b2 2013/02/10 00:03:15
  • lm1b2 ReconMa... 2013/02/10 15:13:42
    Evidently they believed him a long with the rest of the Country,they did not believe him very long,,except for a few idiots like you!
  • ReconMa... lm1b2 2013/01/28 02:17:59
  • Angus 2013/01/26 13:15:45 (edited)
    So where do we go from here? The usual step would be to draft articles of impeachment. However, I believe that no one has the balls to do that.
  • ReconMa... Angus 2013/01/28 02:20:06
  • snell/G... Angus 2013/01/28 21:12:21
    snell/GOD & COUNTRY-zero cliques
    my thot expressly and has been for some time....
  • ReconMa... snell/G... 2013/01/28 23:13:33
  • andy15554 2013/01/26 13:15:38
    So all those unconstitutional rules and rulings by the Obama juntas puppets are now null and void, a win for the people for a change.
  • me andy15554 2013/01/26 17:24:30 (edited)
    Cept who do you think pays for the government on the do overs? The taxpayer.
    Another WASTE of our money.
  • andy15554 me 2013/01/26 18:22:51
    yea but a small price to pay compared to the radical union rules they enacted.
  • ReconMa... andy15554 2013/01/28 02:21:29
  • andy15554 ReconMa... 2013/01/28 04:05:42
    I read that everything they did is void, unless Obama appeals to the supreme court.
  • ReconMa... andy15554 2013/01/28 23:14:36
  • Wolf 2013/01/26 09:16:47
    No surprise here---Comrade Obama has violated the Constitution numerous times---Benghazi Cover Up was the latest violation that is the Obama Watergate with all the evidence and facts out in the open---
  • ReconMa... Wolf 2013/01/28 02:23:30 (edited)
  • Kara 2013/01/26 06:35:35
  • ReconMa... Kara 2013/01/28 02:24:36
  • Pedro Doller ~Inc. 2013/01/26 06:03:34
    Pedro Doller ~Inc.
    This indicates that at this level Martial Law has not been fully implemeted.
  • ReconMa... Pedro D... 2013/01/28 02:25:17
  • Wayne 2013/01/26 05:55:57
    Constitutional professor circumventing the constitution, tell me it ain't so! LOL! Caught cheating is the truth and now a spanking for him, bummer for the court he will retaliate.
  • ReconMa... Wayne 2013/01/28 02:26:17
  • snell/GOD & COUNTRY-zero cl... 2013/01/26 05:49:12 (edited)
    snell/GOD & COUNTRY-zero cliques
    what can i say: the man's THE enemy - period! He is like a little kid who does what he wants, when he wants - the way he wants. Unprofessional, irresponsible, and just downright EVIL!
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