Obama NRLB appointments invalidated by court

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non-starter

Burnsville, MN

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#1
Jan 25, 2013
 

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Court says Obama recess appointments invalid
Reuters – 1 hr 49 mins ago...

WASHINGTON (Reuters)- A federal appeals court on Friday invalidated President Barack Obama's "recess" appointments to a labor board last year, ruling that the move was unconstitutional and dealing a blow to Obama's strategy of bypassing Senate Republicans.

The three appointments to the National Labor Relations Board in January 2012 were made while the Senate was out of town but potentially available to act on them.

"Considering the text, history, and structure of the Constitution, these appointments were invalid from their inception," the panel said.

Obama also used such a "recess" appointment last January to install Richard Cordray as head of the Consumer Financial Protection Bureau, although his appointment was not part of the lawsuit.

The suit started as a routine dispute between soda bottling company Noel Canning and the labor board, but lawyers for Senate Republicans seized on the suit as a chance to challenge the appointments.

The case was seen as a test of the limits of the president's ability to make appointments during a Senate recess, a power that bypasses the Senate's usual ability to block nominees and that dates to the U.S. Constitution of 1787.

At the time, the Senate was not officially in recess, meeting every few days for minutes at a time but accomplishing no work and with few senators present. Meanwhile, Obama's nominees remained on the Senate's calendar, blocked by Republicans from up or down votes on their confirmation.

Nancy Cleeland, a spokeswoman for the NLRB, had no immediate comment.

Cordray's appointment was challenged in a separate lawsuit brought in June by the State National Bank of Big Spring, Texas, and other institutions. That suit presented a similar argument that the recess appointment was invalid because the Senate was technically in session.

Cordray's appointment followed months of rancorous debate over the new consumer bureau, which was created by the 2010 Dodd-Frank financial oversight law to police markets for products such as credit cards and home loans.

Once rare, recess appointments became more common in the late 1970s as a way to bypass the confirmation process, which senators have used increasingly to block nominees of both Republican and Democratic presidents.

Recent presidents pushed the boundaries. George W. Bush took the rare step of filling a judgeship during a recess, while Obama appointed the NLRB members while the Senate was holding "skeleton" sessions set up to keep it from going into recess.

At least the courts are starting to catch up to some of the iffy things Obama has been pulling.
Amused Slew

Seattle, WA

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#2
Jan 25, 2013
 

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At least,???

Funny, bushwhacker started a war ??

<crickets>

Since: Oct 08

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#3
Jan 25, 2013
 

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Just another way Mr. Obama and his band of Chicago thugs want to bully the Constituion.
non-starter

Burnsville, MN

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#4
Jan 25, 2013
 

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Niether of the Above wrote:
Just another way Mr. Obama and his band of Chicago thugs want to bully the Constituion.
Obama is after all, a constitutional scholar..........maybe not. Maybe constitutional thug is a better term.
Amused Slew

Seattle, WA

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#5
Jan 25, 2013
 

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Constituion ???

Come on, it's important, but you can't SPELL IT ???
non-starter

Burnsville, MN

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#6
Jan 25, 2013
 

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Another spelling correction from the Minneapolis page director of spelling, punctuation, and grammar. Nice job, low integrity poster, you caught another one, and even got it right this time. I hope the people at the urban dictionary are paying attention, maybe you can get an online editor job there.

Since: Oct 08

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#7
Jan 25, 2013
 

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non-starter wrote:
Another spelling correction from the Minneapolis page director of spelling, punctuation, and grammar. Nice job, low integrity poster, you caught another one, and even got it right this time. I hope the people at the urban dictionary are paying attention, maybe you can get an online editor job there.
My now deceased old friend, who, like myself, worried more about substance than some particular rule in grammar, would often tell me those who were anal attentive to spelling and grammar, for the most part, lack the originality and, quite sadly, the ability to go much beyond being a member of the working stiffs. He was right, He became the Dean of his college, Nuclear Science, at his university, the world's biggest social liberal and a great success in life. My success story has been explained on this forum on several occassions. My point is, those who worry about the little things, accomplish little things, those who see the big picture and have the confidence, abilty and know how, really don't care how dumb shit is spelled. Hence the little pissant slew will continue to wallow in his own piss for the rest of his life, thinking he is a big man on this forum, but who really give a shit!
Amused Slew

Seattle, WA

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#8
Jan 25, 2013
 

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Poor non-sense, stick your nose up further and check my colon !! LMAOROTFU~!
Amused Slew

Seattle, WA

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#9
Jan 25, 2013
 

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Niether of the Above wrote:
<quoted text>My now deceased old friend, who, like myself, worried more about substance than some particular rule in grammar, would often tell me those who were anal attentive to spelling and grammar, for the most part, lack the originality and, quite sadly, the ability to go much beyond being a member of the working stiffs. He was right, He became the Dean of his college, Nuclear Science, at his university, the world's biggest social liberal and a great success in life. My success story has been explained on this forum on several occassions. My point is, those who worry about the little things, accomplish little things, those who see the big picture and have the confidence, abilty and know how, really don't care how dumb shit is spelled. Hence the little pissant slew will continue to wallow in his own piss for the rest of his life, thinking he is a big man on this forum, but who really give a shit!
Oddly, Bill Gates, Paul Allen, and Warren Buffet are all detail types, but I guess "spelling" is just for folks who care how they appear, rather, than old drunken SLOBS ~! LMAOROTFU~! Nice friend" story, of course, you're not him, right ???

“The one and only Smart Liberal”

Since: Aug 12

Former MN Tax Payer

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#10
Jan 25, 2013
 
non-starter wrote:
Court says Obama recess appointments invalid
Reuters – 1 hr 49 mins ago...
WASHINGTON (Reuters)- A federal appeals court on Friday invalidated President Barack Obama's "recess" appointments to a labor board last year, ruling that the move was unconstitutional and dealing a blow to Obama's strategy of bypassing Senate Republicans.
The three appointments to the National Labor Relations Board in January 2012 were made while the Senate was out of town but potentially available to act on them.
"Considering the text, history, and structure of the Constitution, these appointments were invalid from their inception," the panel said.
Obama also used such a "recess" appointment last January to install Richard Cordray as head of the Consumer Financial Protection Bureau, although his appointment was not part of the lawsuit.
The suit started as a routine dispute between soda bottling company Noel Canning and the labor board, but lawyers for Senate Republicans seized on the suit as a chance to challenge the appointments.
The case was seen as a test of the limits of the president's ability to make appointments during a Senate recess, a power that bypasses the Senate's usual ability to block nominees and that dates to the U.S. Constitution of 1787.
At the time, the Senate was not officially in recess, meeting every few days for minutes at a time but accomplishing no work and with few senators present. Meanwhile, Obama's nominees remained on the Senate's calendar, blocked by Republicans from up or down votes on their confirmation.
Nancy Cleeland, a spokeswoman for the NLRB, had no immediate comment.
Cordray's appointment was challenged in a separate lawsuit brought in June by the State National Bank of Big Spring, Texas, and other institutions. That suit presented a similar argument that the recess appointment was invalid because the Senate was technically in session.
Cordray's appointment followed months of rancorous debate over the new consumer bureau, which was created by the 2010 Dodd-Frank financial oversight law to police markets for products such as credit cards and home loans.
Once rare, recess appointments became more common in the late 1970s as a way to bypass the confirmation process, which senators have used increasingly to block nominees of both Republican and Democratic presidents.
Recent presidents pushed the boundaries. George W. Bush took the rare step of filling a judgeship during a recess, while Obama appointed the NLRB members while the Senate was holding "skeleton" sessions set up to keep it from going into recess.
At least the courts are starting to catch up to some of the iffy things Obama has been pulling.
I guess we are not a monarchy yet. Thanks Judge.

“The one and only Smart Liberal”

Since: Aug 12

Former MN Tax Payer

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#11
Jan 25, 2013
 

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Niether of the Above wrote:
<quoted text>My now deceased old friend, who, like myself, worried more about substance than some particular rule in grammar, would often tell me those who were anal attentive to spelling and grammar, for the most part, lack the originality and, quite sadly, the ability to go much beyond being a member of the working stiffs. He was right, He became the Dean of his college, Nuclear Science, at his university, the world's biggest social liberal and a great success in life. My success story has been explained on this forum on several occassions. My point is, those who worry about the little things, accomplish little things, those who see the big picture and have the confidence, abilty and know how, really don't care how dumb shit is spelled. Hence the little pissant slew will continue to wallow in his own piss for the rest of his life, thinking he is a big man on this forum, but who really give a shit!
"My point is, those who worry about the little things, accomplish little things"

That explains a lot about certain posters on Topix.

They have neither the intellectual capacity nor the ability to hold their own in a discussion. Thus, they turn to Alinsky style tactics in order to deflect from their own obvious ignorance.
non-starter

Burnsville, MN

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#12
Jan 25, 2013
 

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Niether of the Above wrote:
<quoted text>My now deceased old friend, who, like myself, worried more about substance than some particular rule in grammar, would often tell me those who were anal attentive to spelling and grammar, for the most part, lack the originality and, quite sadly, the ability to go much beyond being a member of the working stiffs. He was right, He became the Dean of his college, Nuclear Science, at his university, the world's biggest social liberal and a great success in life. My success story has been explained on this forum on several occassions. My point is, those who worry about the little things, accomplish little things, those who see the big picture and have the confidence, abilty and know how, really don't care how dumb shit is spelled. Hence the little pissant slew will continue to wallow in his own piss for the rest of his life, thinking he is a big man on this forum, but who really give a shit!
“Great minds discuss ideas. Average minds discuss events. Small minds discuss people.”

I guess the smallest minds discuss other people's spelling.
Amused Slew

Seattle, WA

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#13
Jan 25, 2013
 

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Yeah, details are bad.... LMAOROTFU~! Loose screws are good...In teabagger "reality" ???

Oddly, Bill Gates, Paul Allen, and Warren Buffet are all detail types, but I guess "spelling" is just for folks who care how they appear, rather, than old drunken SLOBS ~! LMAOROTFU~! Nice friend" story, of course, you're not him, right ???

Hey dummies, just sign the check, who cares about details, like the amount ! LMAOROTFU~!
Amused Slew

Seattle, WA

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#15
Jan 25, 2013
 

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Dishonesty, the teabagger "way"... LMAOROTFU~!

Ps- Reported.

“We have 545 traitors.”

Since: May 11

Parts Unknown

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#16
Jan 25, 2013
 

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Fuhrer Obama will not allow this wanton display of constitutionality. These judges will be convicted as racist and obstructionist in the court of liberal opinion and be terrorized by activists and other leftist gestapo.
Amused Slew

Seattle, WA

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#17
Jan 25, 2013
 
It's being appealed, but you invoked Godwin's Law, so...While falling foul of Godwin's law tends to cause the individual making the comparison to lose their argument or credibility...
Amused Slew

Minneapolis, MN

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#18
Jan 25, 2013
 
Amused Slew wrote:
It's being appealed, but you invoked Godwin's Law, so...While falling foul of Godwin's law tends to cause the individual making the comparison to lose their argument or credibility...
I know how to say LMAOROLFU~!! That means I am the dumbest person on Topix.
non-starter

Burnsville, MN

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#21
Jan 26, 2013
 

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Amused Slew wrote:
It's being appealed, but you invoked Godwin's Law, so...While falling foul of Godwin's law tends to cause the individual making the comparison to lose their argument or credibility...
Appealed, to the Supreme Court of the US, where they may decide to hear it or decide not to hear the case?
Amused Slew

Seattle, WA

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#22
Jan 26, 2013
 

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Poor stupid sand in your head...

Under the court's decision, 285 recess appointments made by presidents between 1867 and 2004 would be invalid.

The Justice Department hinted that the administration would ask the Supreme Court to overturn the decision, which was rendered by three conservative judges appointed by Republican presidents. "We disagree with the court's ruling and believe that the president's recess appointments are constitutionally sound," the statement said.

The court acknowledged that the ruling conflicts with what some other federal appeals courts have held about when recess appointments are valid, which only added to the likelihood of an appeal to the high court.
non-starter

Burnsville, MN

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#23
Jan 26, 2013
 

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Amused Slew wrote:
Under the court's decision, 285 recess appointments made by presidents between 1867 and 2004 would be invalid.
The Justice Department hinted that the administration would ask the Supreme Court to overturn the decision, which was rendered by three conservative judges appointed by Republican presidents. "We disagree with the court's ruling and believe that the president's recess appointments are constitutionally sound," the statement said.
The court acknowledged that the ruling conflicts with what some other federal appeals courts have held about when recess appointments are valid, which only added to the likelihood of an appeal to the high court.
From the Associated Press story.

Obama made the recess appointments after Senate Republicans blocked his choices for an agency they contended was biased in favor of unions. Obama claims he acted properly because the Senate was away for the holidays on a 20-day recess. The Constitution allows for such appointments without Senate approval when Congress is in recess.

But during that time, GOP lawmakers argued, the Senate technically had stayed in session because it was gaveled in and out every few days for so-called pro forma sessions.

GOP lawmakers used the tactic — as Democrats had done in the past — specifically to prevent the president from using his recess power to install members to the labor board and the consumer board. They had also vigorously opposed the nomination of Cordray.

The three-judge panel flatly rejected arguments from the Justice Department's Office of Legal Counsel, which claimed that the president has discretion to decide that the Senate is unavailable to perform its advice and consent function.

"Allowing the president to define the scope of his own appointment power would eviscerate the Constitution's separation of powers," Chief Judge David Sentelle wrote in the 46-page ruling. He was appointed by President Ronald Reagan.

The court ruled that during one of those pro forma sessions on Jan. 3, 2012, the Senate officially convened its second session of the 112th Congress, as required by the Constitution.

Sentelle's opinion was joined by Judge Thomas Griffith, appointed to the court by President George W. Bush, and Karen LeCraft Henderson, who was appointed by President George H.W. Bush.

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

GOP House Speaker John Boehner welcomed the ruling as "a victory for accountability in government."

If the ruling stands, it would invalidate more than 600 board decisions issued over the past year. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members.

Obama used the recess appointment to install Deputy Labor Secretary Sharon Block, union lawyer Richard Griffin and NLRB counsel Terence Flynn to fill vacancies on the labor board, giving it a full contingent for the first time in more than a year. Block and Griffin are Democrats, while Flynn is a Republican. Flynn stepped down from the board last year.

All three vacancies on the labor board had been open for months before Obama acted to fill them.


If Obama's recess appointment of Cordray to the newly created consumer board is eventually ruled invalid, it could nullify all the regulations the consumer board has issued, many of which affect the mortgage business.

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