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Supreme Court reins in president's appointment powers
Reuters ^ | March 2, 2017 | By Daniel Wiessner and Lawrence Hurley

Posted on 03/21/2017 11:18:51 AM PDT by Oldeconomybuyer

The U.S. Supreme Court on Tuesday put new restrictions on presidential powers, limiting a president's authority to staff certain top government posts in a case involving an appointment to the National Labor Relations Board.

The court decided 6-2 to uphold a lower court's ruling that then-President Barack Obama exceeded his legal authority with his temporary appointment of an NLRB general counsel in 2011.

In an opinion by Chief Justice John Roberts, the court said that under the Federal Vacancies Reform Act, a person cannot serve as the acting head of a federal agency once the president nominates him or her to permanently serve in the role if it is a position that requires U.S. Senate confirmation.

ustices Sonia Sotomayor and Ruth Bader Ginsburg dissented, saying the court ignored the fact that since the law governing vacancies was adopted in 1998, more than 100 people have served in acting roles while the U.S. Senate considered their nominations for permanent jobs.

The case focused on Obama's appointment of Lafe Solomon as the NLRB's acting general counsel to fill a vacancy in the job. The position requires Senate confirmation.

(Excerpt) Read more at reuters.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: nlrb; scotus; scotusdecision; senateconfirmation

1 posted on 03/21/2017 11:18:51 AM PDT by Oldeconomybuyer
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To: Oldeconomybuyer
Justices Sonia Sotomayor and Ruth Bader Ginsburg dissented, saying the court ignored the fact that since the law governing vacancies was adopted in 1998, more than 100 people have served in acting roles while the U.S. Senate considered their nominations for permanent jobs

Justices ignored the fact that just because it has been done in the past doesn't make it right...............

2 posted on 03/21/2017 11:22:12 AM PDT by Red Badger (Ending a sentence with a preposition is nothing to be afraid of........)
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To: Oldeconomybuyer

If Ruth Ginsburg lost it was a good decision.


3 posted on 03/21/2017 11:22:32 AM PDT by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper.)
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To: Oldeconomybuyer

>>In an opinion by Chief Justice John Roberts, the court said that under the Federal Vacancies Reform Act, a person cannot serve as the acting head of a federal agency once the president nominates him or her to permanently serve in the role if it is a position that requires U.S. Senate confirmation.

<<

At first I thought this was just procedural.

Then I realized obozo was using it to make PERMANENT appointment by doing a temporary one and making it permanent, thus bypassing the Senate.

Good ruling.


4 posted on 03/21/2017 11:22:51 AM PDT by freedumb2003 (Not tired of winning yet!)
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To: Oldeconomybuyer

Abolish the NLRB and be done with it.


5 posted on 03/21/2017 11:26:06 AM PDT by struggle (The)
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To: Oldeconomybuyer
Well, sure glad they stopped Obama on this one. Just think of all the damage that could have been done had they not acted so quickly.

/s

6 posted on 03/21/2017 11:27:15 AM PDT by Michael.SF. (Women who are 25 pounds overweight tend to live longer than the men who mention it.)
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To: Oldeconomybuyer

Although the court did right by overturning the decision .... I believe they are trying to reverse the precedents that Obama created in the event that Trump might actually use those precedents as tools to enact his own wishes.


7 posted on 03/21/2017 11:28:56 AM PDT by R_Kangel ( "A Nation of Sheep ..... Will Beget ..... a Nation Ruled by Wolves.")
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To: freedumb2003
Permanently temporary or is that Temporarily permanent?
8 posted on 03/21/2017 11:29:22 AM PDT by dhs12345
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To: freedumb2003

It may be a good ruling in this case but Justice Roberts is compromised. He can’t be counted on to do the right thing.

Maybe this summer when he goes on his annual outing with his ‘friends’ he should avoid going hunting at a certain Texas ranch.


9 posted on 03/21/2017 11:29:34 AM PDT by ladyjane
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To: freedumb2003

The 6-2 split shows how other decisions could go.
TWB


10 posted on 03/21/2017 11:29:43 AM PDT by TWhiteBear
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To: R_Kangel

Ya, the timing is suspicious.


11 posted on 03/21/2017 11:30:03 AM PDT by dhs12345
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To: Red Badger

...stices ignored the fact that just because it has been done in the past doesn’t make it right..

This is a common argument used by liberals. It was used yesterday by an “advocate” of illegal immigration who said illegals been using fake social security numbers, driver licenses,and forged documents f or years and it would be unfair to deport them.because of those illegal acts....


12 posted on 03/21/2017 11:30:34 AM PDT by Sasparilla ( I'm Not tired of Winning)
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To: dhs12345

The latter until the former superces the latter.


13 posted on 03/21/2017 11:32:12 AM PDT by freedumb2003 (Not tired of winning yet!)
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To: freedumb2003

Lol. But only on Tuesday and only if the moon is waxing.

Thanks for sorting it out for me. Politics can be so complicated. I am getting a headache!


14 posted on 03/21/2017 11:36:44 AM PDT by dhs12345
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To: Oldeconomybuyer

Just do recess appointments as clearly allowed in the constitution. The NLRB case was about recess appointments where there was no recess. Obama was a dictator with no regard for any law except environmental wacko laws.


15 posted on 03/21/2017 11:38:22 AM PDT by WENDLE (DEFEAT RINOCARI . NO RINOCARE!! ---TRUMP WAKE UP!! Fire SESSIONS!!)
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To: Oldeconomybuyer

They make this sound like it is a Trump Case....when in fact it was Obama who ignored the law.


16 posted on 03/21/2017 11:45:28 AM PDT by Sacajaweau
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To: R_Kangel

I don’t care if it’s the fairy god mother in power. Whatever the perceived motive you were right with your first sentence. Everything else that followed is moot


17 posted on 03/21/2017 11:54:22 AM PDT by Jarhead9297
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To: Oldeconomybuyer; All
Thank you for referencing that article Oldeconomybuyer. Please note that the following critique is directed at the article and not at you.

”… in a case involving an appointment to the National Labor Relations Board [emphasis added]."

FR: Never Accept the Premise of Your Opponent’s Argument

Patriots are reminded that the states have never expressly constitutionally delegated to the feds the specific power to regulate INTRAstate labor issues. Previous generations of state sovereignty-respecting justices had reflected this as evidenced by the following excerpts.

So the Supreme Court’s decision is helping to unconstitutionally expand the fed’s constitutionally limited powers by recognizing the unconstitutional NLRB imo.

Note that Thomas Jefferson and James Madison, Madison generally regarded as the father of the Constitution, had warned patriots to be on their guard against “silent encroachments” of power by the corrupt feds.

Drain the swamp! Drain the swamp!

Remember in November ’18 !

Since Trump entered the ’16 presidential race too late for patriots to make sure that there were state sovereignty-respecting candidates on the primary ballots, patriots need make sure that such candidates are on the ’18 primary ballots so that they can be elected to support Trump in draining the unconstitutionally big federal government swamp.

Such a Congress will also be able to finish draining the swamp with respect to getting the remaining state sovereignty-ignoring, activist Supreme Court justices off of the bench.

Noting that the primaries start in Iowa and New Hampshire in February ‘18, patriots need to challenge candidates for federal office in the following way.

While I Googled the primary information above concerning Iowa and New Hampshire, FReeper iowamark brought to my attention that the February primaries for these states apply only to presidential election years. And after doing some more scratching, since primary dates for most states for 2018 elections probably haven’t been uploaded at this time (March 14, 2017), FReepers will need to find out primary dates from sources and / or websites in their own states.

Patriots need to qualify candidates by asking them why the Founding States made the Constitution’s Section 8 of Article I; to limit (cripple) the federal government’s powers.

Patriots also need to find candidates that are knowledgeable of the Supreme Court's clarifications of the federal government’s limited powers listed above.

18 posted on 03/21/2017 11:58:20 AM PDT by Amendment10
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To: dhs12345

Took them long enough to make the decision. suspicious.


19 posted on 03/21/2017 5:13:58 PM PDT by vannrox (The Preamble to the Bill of Rights - without it, our Bill of Rights is meaningless!)
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