Posted on 03/12/2013 3:08:26 PM PDT by jazusamo
President Obama will elevate the controversy over his recess appointment powers to the highest level, with the National Labor Relations Board announcing Tuesday it will appeal to the Supreme Court a lower-court ruling that held his appointments to the board were illegal.
That move will put the thorny case straight before the justices, who will have to decide whether Mr. Obama overstepped his constitutional powers when he did an end-run around Congress last year and named three board members — using his recess-appointment powers at a time when the Senate considered itself still in session.
In January a three-judge panel of the D.C. Circuit Court of Appeals ruled that not only were those appointments invalid, but that presidents for years have stretched their recess appointment powers beyond what is allowed under the Constitution.
The NLRB could have appealed that ruling to the full D.C. circuit, but it said Tuesday it will instead go to the high court for a final ruling.
“The Board, in consultation with the Department of Justice, intends to file a petition for certiorari with the United States Supreme Court for review of that decision,” NLRB said.
It must file its appeal by April 25.
(Excerpt) Read more at washingtontimes.com ...
It would be nice if they did.
Guess it’s time for another satchel of cash from Obama’s boss, Soros, to make it over to the Supreme Court.
That would be the safe bet.
Just don’t take the case.
My first thought also. Will we be betrayed by Roberts again?
I don’t think Kennedy will overrule. The opinion is sound. What scares me is losing one of the conservatives or even Kennedy during Obama’s last term.
Suddenly, the SCOTUS building will burn down, and a “thorough investigation” will uncover the hand of right-wing tea-party extremists behind it, and a threat to do the same to the Capitol. POTUS will be granted extraordinary powers to deal with this crisis.
I agree. The opinion is solid.
This is how you deal with communists:
On 26 May 1973, Chile’s Supreme Court unanimously denounced the Allende régime’s disruption of the legality of the nation in its failure to uphold judicial decisions. It refused to permit police execution of judicial resolutions that contradicted the Government’s measures.
Chamber of Deputies’ resolution
On 22 August 1973, with the support of the Christian Democrats and National Party members, the Chamber of Deputies passed 81–47 a resolution that asked “the President of the Republic, Ministers of State, and members of the Armed and Police Forces”[18] to “put an immediate end” to “breach[es of] the Constitution . . . with the goal of redirecting government activity toward the path of Law and ensuring the Constitutional order of our Nation, and the essential underpinnings of democratic co-existence among Chileans.”
The resolution declared that the Allende Government sought “. . . to conquer absolute power with the obvious purpose of subjecting all citizens to the strictest political and economic control by the State . . . [with] the goal of establishing a totalitarian system”, claiming it had made “violations of the Constitution . . . a permanent system of conduct.” Essentially, most of the accusations were about the Socialist Government disregarding the separation of powers, and arrogating legislative and judicial prerogatives to the executive branch of government.
Specifically, the Socialist Government of President Allende was accused of:
ruling by decree, thwarting the normal legislative system
refusing to enforce judicial decisions against its partisans; not carrying out sentences and judicial resolutions that contravene its objectives
ignoring the decrees of the independent General Comptroller’s Office
sundry media offences; usurping control of the National Television Network and applying ... economic pressure against those media organizations that are not unconditional supporters of the government...
allowing its socialist supporters to assemble armed, preventing the same by its right wing opponents
. . . supporting more than 1,500 illegal ‘takings’ of farms...
illegal repression of the El Teniente miners’ strike
illegally limiting emigration
Finally, the resolution condemned the creation and development of government-protected [socialist] armed groups, which . . . are headed towards a confrontation with the armed forces. President Allende’s efforts to re-organize the military and the police forces were characterised as notorious attempts to use the armed and police forces for partisan ends, destroy their institutional hierarchy, and politically infiltrate their ranks.[19]
By 7:00 am on 11 September 1973, the Navy captured Valparaíso, strategically stationing ships and marine infantry in the central coast and closed radio and television networks. The Province Prefect informed President Allende of the Navy’s actions; immediately, the president went to the presidential palace, La Moneda, with his bodyguards, the Grupo de Amigos Personales (GAP) (Group of Personal Friends). By 8:00 am, the Army had closed most radio and television stations in Santiago city; the Air Force bombed the remaining active stations; the President received incomplete information, and was convinced that only a sector of the Navy conspired against him and his government.
President Allende and Defence minister Orlando Letelier were unable to communicate with military leaders. Admiral Montero, the Navy’s commander and an Allende loyalist, was rendered incommunicado; his telephone service was cut and his cars were sabotaged before the coup d’état, to ensure he could not thwart the opposition. Leadership of the Navy was transferred to José Toribio Merino, planner of the coup d’état and executive officer to Adm. Montero. Augusto Pinochet, General of the Army, and Gustavo Leigh, General of the Air Force, did not answer Allende’s telephone calls to them. The General Director of the Carabineros (uniformed police), José María Sepúlveda, and the head of the Investigations Police (plain clothes detectives), Alfredo Joignant answered Allende’s calls and immediately went to the La Moneda presidential palace. When Defence minister Letelier arrived at the Ministry of Defense, controlled by Adm. Patricio Carvajal, he was arrested as the first prisoner of the coup d’état.
Despite evidence that all branches of the Chilean armed forces were involved in the coup, Allende hoped that some units remained loyal to the government. Allende was convinced of Pinochet’s loyalty, telling a reporter that the coup d’état leaders must have imprisoned the general. Only at 8:30 am, when the armed forces declared their control of Chile and that Allende was deposed, did the president grasp the magnitude of the military’s rebellion. Despite the lack of any military support, Allende refused to resign his office.
By 9:00 am, the armed forces controlled Chile, except for the city centre of the capital, Santiago. Allende refused to surrender, despite the military’s declaring they would bomb the La Moneda presidential palace if he resisted being deposed. The Socialist Party proposed to Allende that he escape to the San Joaquín industrial zone in southern Santiago, to later re-group and lead a counter-coup d’état; the president rejected the proposition. The military rebels attempted negotiations with Allende, but the President refused to resign, citing his constitutional duty to remain in office. Finally, Allende gave a potent farewell speech, telling the nation of the coup d’état and his refusal to resign his elected office under threat.
Annoyed with negotiating, Leigh ordered the presidential palace bombed, but was told the Air Force’s Hawker Hunter jet aircraft would take forty minutes to arrive. Pinochet ordered an armoured and infantry force under General Sergio Arellano to advance upon the La Moneda presidential palace. When the troops moved forward, they were forced to retreat after coming under fire from GAP snipers perched on rooftops. General Arellano called for helicopter gunship support from the commander of the Chilean Army Puma helicopter squadron and the troops were able to advance again.[32] Chilean Air Force aircraft soon arrived to provide close air support for the assault (by bombing the Palace), but the defenders did not surrender until nearly 2:30 pm.[33]
Don’t worry we can trust Roberts to have our back. /s
I can't support anybody who is that liberal.
This should be a ‘no brainer’ even for this SCOTUS. We’ll see though.
The supreme court is already stacked with political activist law breakers. Don’t expect any justice from them.
if he’really has something on roberts he has his fifth. given how bad roberts has been i suspect he’s either being blackmailed or his family was threatened.
After what happened with 0bamacare it wouldn’t surprise me.
I predict that if it gets to the Supreme Court, there will be a 7 to 2 vote and possibly 9 to 0 to uphold. Justice Kagan and Sotomayor might vote to overturn but Ginsburg and Bryer, although liberals, are smart enough to know that democrats will not hold the presidency forever. Liberals will not agree to give a future conservative president unlimited appointment power.
Obama knows he has the court, thanks to Roberts.
Der Leader’s case is based on a lie, which means we better watch our for Roberts. He’ll buy anything Zero pushes.
Thanks jazusamo.
Thanks for the ping!
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