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BREAKING

Obama Recess Appointments to Labor Board Ruled Unconstitutional

The federal appeals court decision may invalidate hundreds of decisions issued by the board over more than a year

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by Lisa Fine

Staff Writer t

Image: AP

President Barack Obama did not have the power to fill three vacancies on a labor relations panel last year while the Senate was away for the holidays, a federal appeals court panel ruled Friday. The president is expected to appeal the decision to the U.S. Supreme Court, the Associated Press reports

The decision by the three-judge panel of the U.S. Court of Appeals for the D.C. Circuit could invalidate hundreds of decisions made over the last year by the National Labor Relations Board, a body that Republicans and business groups have attacked for being biased in favor of unions. It would also leave the five-member board with just one validly appointed member when it can only operate if it has three members, the AP wrote.

Obama made the appointments while the Senate was on a 20 day recess after Senate Republicans spent months blocking his choices. But the three-judge panel ruled that the Senate was technically still in session because it was gaveled in and out every few days for what are called "pro forma" sessions. This is a technique used to prevent presidents from using their recess power, the AP reports.

The ruling also calls into question Obama's recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau, which has been challenged in a separate case.

Via the Associated Press
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Comments (view in Forum)

  • frigginhell
    !
    Yes, one can only wonder where these judges were duing the 171 appointments GWB made during congressional recess. I suppose upholding the constitution wasn't as important for judges Of course, the constitution does allow the president to make recess appointments. They wanted to fixate on the word "the recess" as opposed to "a recess" Luckily for the GOP it would have been "the recess" but they called a techincality saying they were "pro forma in session" as they rang the gavel during their recess. Some sessions lasted as long as a minute. All of this was done in an effort to stop Obama filling positions they were adamantly blocking. This is less an unconstitutional act by the president, who has the power to make recess appointments and have done so for over 150 years including 171 under GWB, and more obstruction by the petty bureaucrats who drag their heels for any and all legislation to be passed. It's time for a house cleaning.
  • frigginhell
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    @frigginhell Then again, I'm betting some people are banking on the american public to be to stupid to actually read any further than what fox is saying about the issue and not realize what it really is. GOP obstructionism. Sadly for them most of us really aren't as illiterate as they'd like to believe.
  • u
    Yank
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    So the president has power granted when the legislature is in recess, so congress basically never allows its self to be considered in recess (even though they are). It sounds like this is more a violation of the spirit of the constitution by congress.
  • u
    AceLuby
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    @Cobra About 65% of these boards if the polls are any indication. I'm not for bypassing congress and think we need to tone down the amount the President uses his executive powers, but this is clearly within his power. What doesn't seem constitutional to me is the way congress is not actually in DC, but is still somehow 'in session'. If they are in session they should be in DC and working.
  • u
    mtkopf
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    @AceLuby I agree with you. The vice pres, as leader of the Senate, should be allowed to call for a quorum. If no quorum exists for xx amount of days, the Senate is officially considered in recess.
    This is the same way the GOP abuses the filibuster rule, and the GOP rule in the House of "the majority of the majority".
  • Tralee
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    Everyone of you responding and Yank are incorrect, there are specific rules for "Recess Appointments" and Obama, the "Constitutional Scholar" so they say, should have known that. He tried to pull a fast one, if Bush had done it he would have been hounded from office. Otherwise, everytime congress quit work for the week the congress could technically be called "In Recess" - this is not and never has been the case. Recess mostly refers to regularly scheduled breaks from business (NOT weekends off or going home for the night) or the end of a particular work load. If congress says it is in session, it IS in session no matter what the current president wants to believe.

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  • jessejaymes
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    Welcome to anarchy. Let's take the large view here. Most of the Supreme Court are three days older than dirt and a number of them could die any day now. Even if they all hang on until Obama is gone, the next President will determine the course of conservatism or liberalism for the next 20-30 years. They like to claim that the SCOTUS is not partisan but they are. To the core. So for now, every single law or appointment is going to end up in the courts and there is no need for filibusters. Up or down vote and off to court we go. With a three year delay on most rulings as they wind their way through the courts what we actually have today is near anarchy. Wonderful. The rich stuff their pockets with congressional and supreme court help and the beat goes on.
  • u
    AceLuby
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    @John_Matrix Bypass? He's allowed to make appointments as he sees fit when Congress is not in session. This is an example of a gross misuse of congressional rules to deny the President his constitutional power and for no other reason than because they can.
  • Denizen_Kate
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    @John_Matrix. - name one president who never used a congressional recess for his own purposes. That he's allowed to do so is a deliberate loophole in the constitution and it is fully a part of the checks and balances set up by our founding fathers.

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  • AlexMIA
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    Brotha just circumventing everything up in this mutha! Constitution in the way? No problem! Congress in the way? No problem! Senate in the way? Forget about it!
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    PayThatCEO
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    Maybe if they all stopped taking so much time off from work more things would be accomplished and they wouldn't have to worry about what's going on while they're away.
  • Knightkore
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    How nice the political party agendas can infect different areas of government....
    We've got President Hussein Obama acting like a third world nation mafia thug and congress that can't get their stuff together and the courts that are nothing more than mini politburo's....and each of them....each branch....is not following the Constitution....now you know why the need for the 2nd amendment....
  • Denizen_Kate
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    I'm trying to follow your thought process here, but I'm getting my neck in a twist. The 2nd Amendment has what, exactly, to do with appointments to the Dept. of Labor?
  • Knightkore
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    @Denizen_Kate The 2nd amendment has everything to do with how a people might respond to a despotic government....in this case almost an anarchist government....
  • Denizen_Kate
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    @Knightmare - all presidents use congressional recesses for their own purposes. It's legal to do so. This GOP-dominated congress is trying to prevent that for this president by claiming to be in session when they aren't.
  • u
    Cheenoguy
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    This is why all the people threatening revolution over "unconstitutional gun laws" just need to shut up. If (when really) a politician does something unconstitutional we have a very simple and effect way to resolve that.
  • o
    woodtick57
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    Seems more like he was telling the Senate the if they are really and truly "in session" , why aren't htey doping the work they have in front of them...
  • u
    Realthinker
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    @woodtick57 He broke the law. Furthermore, the Democrats, his buddies, control the Senate. He simply tells Reid to do his job, which would be a very refreshing change. Both of them are in violation of their official oath of office and are therefore liable for impeachment. And you defend them.
  • o
    woodtick57
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    @Realthinker

    yet it only takes one Senator to stop any proceeding in that august chamber...

    you would indeed have to find any impeachable offense to support you wishes, and that is all they will ever be...wishes.
  • u
    AceLuby
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    @Realthinker He actually didn't break any laws, he used his constitutional power granted by the constitution. In fact, if anyone is breaking the law, it's Congress by stating it's 'in session' when they are in fact, not.
  • drpeeper
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    @AceLuby The judges signaled the power only applies after Congress has adjourned a session permanently, which in modern times usually means only at the end of a year.

    They had not adjourned, he knew it, and goofed. If he waited a matter of days- it would have been no problem.
  • Arumizy
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    I have already seen lefties crying over the courts decision. But if it was Bush who did it they would be cheering the decision, here is advice. If you want to claim bipartisism and a willingness to work together, political bias etc it would be wise not to act exactly how you claim the right acts.
  • u
    mtkopf
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    Bush DID make 6 recess appointments during his tenure as president, all of them filibustered by the Senate.
    The difference here, with all due respect, is that the dems did not use the courts to challenge those appointments.
    While I am more conservative than liberal, the antics by the GOP continue to push me, and other moderates, further away from the party.
  • Arumizy
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    @mtkopf If by trying to uphold the constitution and protect checks and balances moves you towards the liberal side then there is no hope for you or any others.
  • u
    mtkopf
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    @Arumizy this is NOT checks and balances. Along with voter suppression and changing rules of electoral college, the " majority of the majority" and abuse of filibusters, the GOP consistently proves it will do ANYTHING and EVERYTHING to be obstructionists.
  • ACTSmom
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    Imagine King Obama doing something unconstitutional! But he's appealing to the Supreme Court so we'll see how CJ Roberts caves or stands on this one.
  • bsking
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    How could anybody not agree with the ruling? Everybody including Obama knew that Congress was not in recess when he blatantly disregarded the Constitution again . but nothing new here nothing to see you just move along sheeple
  • Vance1
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    Barack Obama believes that he is The Messiah
    I still just can not believe there was enough absolutely stupid people in this country, To elect this Leftist unknown man.
    What did the people see in this guy?
  • Ttenneb
    !
    They saw a free ride on the backs of the 51% of us that bust our butts to keep our families fed ! Now we've got to keep them in their beer, pot, and loads of chidren they keep having so they can get more of our money!
  • Tralee
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    All of us rational non Obama worshipers understood this from the get go. Honestly, it's not rocket science here, to do a "Recess" appointment, the congress actually has to be in "Recess" not just gone for the day.
  • Denizen_Kate
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    Same question as I asked a previous poster: can you name one president who never used this congressional recess loophole? It's in the constitution purposely. The fine hair being split in this case is a GOP- dominated congress claiming to be in session when they weren't.
  • Ttenneb
    !
    @Denizen_Kate I'm not saying that both party's don't use them, I'm saying, if you truly want the American people to trust government, try to do it in the open,when you try to do crap like this, it just divides us more and more! Democrats and republicans! I'm almost ashamed of being a republican, neither party has a backbone ,just like Obamacare, we gotta pass it before we know what's in it ! That's not lookin out for the people that keep this country going !
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