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Response to Samantha (Reply #25)

Wed Apr 5, 2017, 08:54 AM

33. House of Rep repugs with minority leader McConnell did this, during '11 - '12.

Blocking recess appointments of Cordray for CFPB and NLRB members.

"Over what would have traditionally been the 2011–12 winter recess of the 112th Congress, the House of Representatives did not assent to recess, specifically to block Richard Cordray's appointment as Director of the Consumer Financial Protection Bureau.[7] As therefore required by the Constitution, both the House and Senate held pro forma sessions.[8] Regardless, on January 4, 2012, President Obama claimed authority to appoint Richard Cordray and others under the Recess Appointments Clause. White House Counsel Kathryn Ruemmler asserted that the appointments were valid, because the pro forma sessions were designed to, "through form, render a constitutional power of the executive obsolete" and that the Senate was for all intents and purposes recessed.[9] Republicans in the Senate disputed the appointments, with Senate Minority Leader Mitch McConnell stating that Obama had "arrogantly circumvented the American people" with the appointments. It was expected that there would be a legal challenge to the appointments.[10] The first such challenge was announced in April 2012, disputing a National Labor Relations Board ruling made following the Obama appointments.[11][12] "


Turtle man had someone show up, once in every 3 days, then declare the Senate 'open', then adjourn after a few seconds.

He was minority leader, but the repugs had a House Majority.

"... Noel Canning presents a classic conflict between the President and the Senate. The Senate attempted to block recess appointments by holding pro forma sessions in December 2011 and January 2012, and the President disregarded the Senate’s wishes when he appointed four officials on January 4, 2012.

Here is the problem with that view: It is uncontroversial that the Senate majority has generally supported the President’s nominees, and the most plausible inference is that the majority also supported his recess appointments. The belief that the Senate is in conflict with the President appears to stem from the belief that the Senate minority filibustered the majority’s attempt to take a recess, thereby placing the Senate, as a body, in conflict with the President’s actions. But Senate rules do not permit filibusters of motions to adjourn and, in fact, it was the Speaker of the House of Representatives who claimed authority to block the Senate from taking a recess.5 "


The Supreme Court found that Obama's recess appointments for the NLRB were unconstitutional. It's worth noting that little bush made 171 recess appointments, and Obama made a few dozen, despite massive repug party obstruction . Here's a MoJo article on the defeat of Obama's NLRB recess picks, good and easy reading:


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BumRushDaShow Apr 2017 OP
harun Apr 2017 #1
BumRushDaShow Apr 2017 #2
Scarsdale Apr 2017 #39
Recursion Apr 2017 #20
groundloop Apr 2017 #24
lastlib Apr 2017 #37
still_one Apr 2017 #27
Recursion Apr 2017 #32
still_one Apr 2017 #34
Recursion Apr 2017 #35
still_one Apr 2017 #36
forgotmylogin Apr 2017 #40
aeromanKC Apr 2017 #3
BumRushDaShow Apr 2017 #4
Calista241 Apr 2017 #7
BumRushDaShow Apr 2017 #10
DeminPennswoods Apr 2017 #31
sweetapogee Apr 2017 #14
mdbl Apr 2017 #19
ColemanMaskell Apr 2017 #21
ColemanMaskell Apr 2017 #45
cstanleytech Apr 2017 #5
Afromania Apr 2017 #11
Rural_Progressive Apr 2017 #16
dhill926 Apr 2017 #6
dalton99a Apr 2017 #8
lastlib Apr 2017 #38
kacekwl Apr 2017 #9
stevebreeze Apr 2017 #12
Samantha Apr 2017 #25
LineLineLineReply House of Rep repugs with minority leader McConnell did this, during '11 - '12.
Mc Mike Apr 2017 #33
Samantha Apr 2017 #46
forgotmylogin Apr 2017 #41
BumRushDaShow Apr 2017 #43
bucolic_frolic Apr 2017 #13
Achilleaze Apr 2017 #15
George II Apr 2017 #17
benld74 Apr 2017 #18
rpannier Apr 2017 #22
Alpeduez21 Apr 2017 #23
diva77 Apr 2017 #29
pfitz59 Apr 2017 #26
Guilded Lilly Apr 2017 #28
AgadorSparticus Apr 2017 #30
Sunlei Apr 2017 #42
Bradical79 Apr 2017 #44
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