Court: Obama recess appointments unconstitutional

The Washington Times ^ | January 25, 2013 | Stephen Dinan

[yoe]

A federal appeals court has overturned President Obama’s controversial recess appointments from last year, arguing he abused his powers and acted when the Senate was not actually in a recess.

The three-judge panel’s ruling is a major blow to Mr. Obama. The judges ruled that the appointments Mr. Obama made to the National Labor Relations Board are illegal, and the board no longer has a quorum to operate.

But the ruling has even broader constitutional significance, with the judges arguing that the president’s recess appointment powers don’t apply to “intrasession” appointments — those made when Congress has left town for a few days or weeks.

The judges signaled the power only applies after Congress has adjourned sine die, which is a legislative term of art that signals the end to a long work period. In modern times, it means the president could only use his powers when Congress quits business at the end of a year.

[Sacajaweau]

I smell a new Czar....no approval needed.

[TheConservator]

Quoting the entire article out of the Washington Post is a no no.

[IronJack]

His Highness isn’t going to like this. How dare mere mortals defy his divine will?

[Vigilanteman]

Anybody want to start a betting pool on how long it will take before Pennsylvania’s nitwit senior senator Bob Casey, Jr. comes out in favor of allowing Der Furhrer to make appointments without congressional approval just as he wants him to be able to unilaterally extend the debt ceiling?

[brownsfan]

There can only be one of two outcomes regarding this. Either Obama will simply ignore the judges, or he’ll do an end around and shift the power where he wants it to be.

There is no stopping Obama with a weak opposition, and an MSM that is willing to do ANYTHING to cover for him.

[grobdriver]

His Highness isn’t going to like this.

Yep - wonder how long it's been since those judges had their taxes audited... and their kid's taxes...

[JohnBrowdie]

nlrb has instant problems. the cpb has instant problems . . . what else?

[canuck_conservative]

I can see the CNN-MSNBC-NY Times-The View spin already -

“Court lynches black President - welcome to the new Jim Crow”

or

“Racist court refuses to allow black President to do his job”

etc. etc., you get the idea .....

[oust the louse]

If only they would dive into BO’s background like they did in this instance we could be rid of him completely.

[Truth29]

This will be appealed by the Regime to the Supreme Court. Obama just needs one more leftist just on the SC to stop these troublesome judicial impediments. If I were one of the conservatives on the SC, I would hire a food taster.

[The Louiswu]

"I smell a new Czar....no approval needed."

Exactly! There is NO WAY O'Bummer is going to let a few judges get in his way - Torpedo the Constitution and full speed ahead!!!

[cardinal4]

Everything about the turd is unconstitutional..

[turdhopper]

spank the commie turd

[Sacajaweau]

http://www.judicialwatch.org/bulletins/party-politics-at-the-national-labor-relations-board-nlrb/

[Standing Wolf]

His Highness isn’t going to like this. How dare mere mortals defy his divine will?

Nah. Not to worry. He'll just tell his personal boy on the Supreme Court, Johnny Roberts, to take care of it. Nobody puts a pair of knee pads to better use than Johnny Roberts.

[Mike Darancette]

So any rulings would be void?

[two23]

Another crisis followed by a dog and pony show,
smug MSM and end of case.

[sickoflibs]

Wow, they couldnt rule on this till after the election?

[MrB]

No one will do jack diddly about it.
The appointments will stand, because no one wants to actually confront him on it.

[Brown Deer]

ping

[IronJack]

His Highness isn’t going to like this. How dare mere mortals defy his divine will?

[VRW Conspirator]

This will be appealed by the Regime to the Supreme Court.

And when a Republican President wants to do the same, what will the lefties do when the USSC codifies this breach of the constitution?

[Pontiac]

The judges on Friday ruled that the only clear bright line is when the Senate recesses at the end of the year.

Which is what I believe the framers had in mind.

[lentulusgracchus]

Anybody want to start a betting pool on how long it will take before Pennsylvania’s nitwit senior senator Bob Casey, Jr. comes out in favor of allowing Der Furhrer to make appointments without congressional approval ....

Casey can become a real hero of the Democratic Party if he broadens his bill to let Sen. Bob Menendez (he's on Senate Foreign Relations -- no, really!) off the hook for partying with underage Dominican teeny ho's.

[Pontiac]

“Racist court refuses to allow black President to do his job”

What?

It was a Democratic senate that would not bring his appointments to a vote.

I guess Harry Reid is a racist.

[Beagle8U]

This was Wash times, not post.

[zeugma]

The judges on Friday ruled that the only clear bright line is when the Senate recesses at the end of the year.

Which is what I believe the framers had in mind.

Exactly. Also, it was put in place in a day when it could take weeks for congresscritters to travel to/from the District of Criminals. It has very low value today in times of instant communications.

[afraidfortherepublic]

Yay!

[AuH2ORepublican]

The case wasn’t argued until December 5, so I don’t think the judges could have issued the ruling before the elections. : |

[sickoflibs]

Thanks!

That sure took its time to get into the courtroom,

[itsahoot]

Those illegally appointed will lose their jobs when Obama loses his, not until.