Federal Appeals Court Invalidates Obama NLRB Recess Appointments   Leave a comment

You know, its’ funny….Republicans don’t mind about things like this when they’re in the White House but when a Democrat is in the White House and has to use the recess appointment to get around the Senate, its’ “Katie bar the door” time…quoting Think Progress:

A panel of Republican-appointed judges struck down President Obama’s appointment of three members to the National Labor Relations Board during the winter 2012 congressional recess in an expansive ruling that invalidates more than a century of presidential practice. The ruling by the U.S. Court of Appeals for the D.C. Circuit will now likely be appealed to the U.S. Supreme Court, but has the potential to also affect Obama’s concurrent appointment of Richard Cordray to lead the Consumer Financial Protection Bureau. It could also invalidate every ruling by the NLRB during the period between January 4, 2012 and today, as well as many actions by the CFPB during that period.

Let me explain the setup here….under the Constitution, the President has the right to appoint whomever he(or someday she) may choose to appoint to the Executive Branch and whomever they want to the Judiciary with the “advise & consent” of the Senate; should the Senate fail to do their constitutional duties in that regard, the President may, provided the Senate is “in recess”, make appointments to said positions, known as “recess appointments”.

In the above instance, recess appointments were made by the Obama Administration to the National Labor Relations Board(NLRB) in order to provide the agency with enough members to meet its’ quorum requirements in order to conduct business under federal law regarding labor issues. Republicans naturally complained that, because the House had not consented to adjourn when the Senate was in recess, the Senate was therefore still in session, thus invalidating the appointments in questions…which D.C. Circuit Judge David Sentelle, who authored the decision, apparently bought lock, stock and labor barrel.

Here’s the problem with the panel’s reasoning: by the logic of his decision, the prior administration’s appointments were equally invalid since some of them, especially the appointment of John Bolton back in the mid-2000’s to be U.S. Ambassador to the United Nations; indeed, the reason Senate Democrats kept the Senate virtually in session from 2007 to 2009 was to prevent such appointments from being done between sessions. In addition, the panel’s decision appears to, as TP points out, invalidate about 100 years worth of precedent on the subject at hand, which means not only is their decision illogical, it reeks of the basest sort of judicial activism that conservatives bitch-and-moan about all the time.

My guess on this is that the Supreme Court will eventually deal with this issue. Why? Simple: since the D.C. Circuit and the 11th Circuit have come down on opposite sides of the issue at hand, the Supreme Court, as court of final resort, will all but certainly deal with this issue.

Posted January 25, 2013 by Matthew Little in Uncategorized

Tagged with , ,

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


Women's Issues, Creativity & Spirituality

Blissfully Single

By: Jan Hobbs

Scholars and Rogues | Progressive Culture

News, politics, sports, music, media, climate, arts and photography...

The South Lawn

It's all about the grassroots, y'all!


Bringing you breaking, alternative and new news worldwide

Pro President Obama Blog

To paraphrase President Obama's speech on 12/4/13 to the Center For American Progress: Our strength is grounded in our individuals, civic, religious and business leaders working and making things happen. But government can't stand on the sidelines; it can and should refocus our energies on building an economy that grows for everybody. I remain confident that the future still looks brighter than the past.

Social Justice For All

Working towards global equity and equality

Plucking Of My Heartstrings

Blogging on a variety of things that pluck at the hearts' emotions & more

Bishop Eddie Tatro's Study

Wisdom from a Southern-Gentleman & Bishop

Voice of Lesbian Senior

Horty Rexach, MD.


Making Reality Sexy Again


Environmental News, Commentary, Advice

Patty van Delft

Young Adult Fantasy

Stop the Stigma


From Where I Sit

Thoughts from an old Southern guy

Professions for PEACE

declarations and affirmations on life, love and peace


Get every new post delivered to your Inbox.

Join 6,921 other followers

%d bloggers like this: