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dkf

(37,305 posts)
Thu May 16, 2013, 01:13 PM May 2013

Second appeals court invalidates Obama's NLRB recess appointments

Second appeals court invalidates Obama's NLRB recess appointments

By TAL KOPAN | 5/16/13 12:10 PM EDT

A second appeals court has joined the D.C. Circuit in ruling that President Barack Obama’s recess appointments to the National Labor Relations Board were unconstitutional, concluding that some board actions taken in the wake of those appointments were also invalid.

The issue has far-reaching implications for both the NLRB and other boards, including Obama’s Consumer Financial Protection Bureau, which has been a frequent target of conservatives and whose director was a recess appointment.

The 2-1 decision Thursday from the U.S. Court of Appeals for the Third Circuit (posted here) found that the presidential recess appointment power is limited to breaks between sessions of Congress, not breaks within sessions or other adjournments during which the Senate might meet in pro forma sessions. The reasoning mirrors that in a ruling of the D.C. Circuit Court in January.

http://www.politico.com/blogs/under-the-radar/2013/05/second-appeals-court-invalidates-obamas-nlrb-recess-164150.html?hp=l9

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Second appeals court invalidates Obama's NLRB recess appointments (Original Post) dkf May 2013 OP
So, the next step is SCOTUS? Tx4obama May 2013 #1
En banc reconsideration would be my guess.. nt msanthrope May 2013 #5
Interesting How A Practice DallasNE May 2013 #9
Well, right now the two district courts are in agreement Yo_Mama May 2013 #10
This legal reasoning ignores reality (that Republicans are blocking appointments in bad faith). Laelth May 2013 #2
Somebody seems all excited over Obama's latest difficulties Kingofalldems May 2013 #3
The past few days have been particularly 'productive' Cirque du So-What May 2013 #4
I wish META was still here Kingofalldems May 2013 #6
As I recall Cirque du So-What May 2013 #7
You need to chill out and realize sometimes the news is just the news. dkf May 2013 #11
Makes the lack of fillibuster reform even more outrageous. mountain grammy May 2013 #8

DallasNE

(7,383 posts)
9. Interesting How A Practice
Thu May 16, 2013, 04:29 PM
May 2013

That has been in place forever is now ruled unconstitutional. I neither approve the practice nor the obstruction that moves presidents to follow the practice. An up or down vote should be mandated within 90 days of any nomination going to the Senate. I also believe that filibuster rules should be limited to laws voted on by the Senate. The other thing this shows is that the courts are now as dysfunctional as Congress. In today's environment there is no hope of either being fixed.

Yo_Mama

(8,303 posts)
10. Well, right now the two district courts are in agreement
Thu May 16, 2013, 04:30 PM
May 2013

There's more probability of going to the SC when they disagree.

Laelth

(32,017 posts)
2. This legal reasoning ignores reality (that Republicans are blocking appointments in bad faith).
Thu May 16, 2013, 01:22 PM
May 2013

It is a disappointing ruling, to say the least.

-Laelth

Cirque du So-What

(25,708 posts)
4. The past few days have been particularly 'productive'
Thu May 16, 2013, 01:40 PM
May 2013

What a fucking shame that a couple of these 'scandals' have been deflated, although I wouldn't be surprised to see a herculean effort to blow them back up.

Cirque du So-What

(25,708 posts)
7. As I recall
Thu May 16, 2013, 01:53 PM
May 2013

there was a monumental effort in META to get something done about it, but it was to no avail. It's not my website, and I don't know the admins' reasoning on it, but it sure seems like they'd want to address a problem of this magnitude. All I can figure is that they're willing to put up with a certain amount of shit just to 'keep things lively'...that and get donations.



 

dkf

(37,305 posts)
11. You need to chill out and realize sometimes the news is just the news.
Thu May 16, 2013, 05:07 PM
May 2013

None of this makes me happy. If anything I'm getting upset.

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