Posted on 05/10/2017 1:04:01 PM PDT by Rusty0604
On Tuesday, the Appeals Court for the Federal Circuit ruled that the firing of former Phoenix Veterans Affairs (VA) Director Sharon Helman, a convicted felon, was unconstitutional. While this does not mean Helman will return to work, the ruling may strike a powerful blow against VA accountability reform.
"Today's ruling underscores yet again the need for swift congressional action to afford the Secretary effective and defensible authority to take timely and meaningful action against VA employees whose conduct or performance undermines Veterans' trust in VA care or services," VA Secretary David Shulkin declared in a statement. He praised H.R. 1259, the VA Accountability First Act of 2017 which has passed the U.S. House of Representatives but not the U.S. Senate as "a vital step toward providing the tools necessary to address misconduct while ensuring due process."
The problem is, the Federal Appeals Court ruling struck down portions of a 2014 law meant to expedite the firing process at the VA as unconstitutional, and the act before Congress seems vulnerable to the very same legal attacks.
Unless the Senate drafts a different bill, the Supreme Court would have to strike down this ruling in order to give the VA Accountability Act of 2017 a fighting chance ...
Alternatively, if the Senate passes the 2017 accountability act and if President Donald Trump signs it, Congress and the president should declare definitively that they do not consider this federal court ruling binding, and that in keeping with their pledge to uphold the Constitution, they consider this expediting provision to be fully constitutional. While many consider the courts to have the final say on whether laws are constitutional, there is precedent that Congress and the president have this same authority, and the Republicans and Trump should use it in this case.
(Excerpt) Read more at pjmedia.com ...
Naturally, the Federal Appeals Circus has Ruled again.
Why are they so reluctant to mention this is the 9th Circuit Court of Appeals?
Is this another appeals court at the state level?
Disband the unions.
Problem solved..............
Okay, we’ll let her run the VA office while she’s on probation, so more vets can die under her watch. She pled guilty to a felony offense. What a bunch of dumb asses.
Union, plus union, and it is the darn AFGE union.
No union for government types period. The Congress has AFGE insurance. How do we fire these clowns except at the ballot? The military has nothing like these prima donna BS types.
That would be the ideal solution.
More rule by judicial fiat.
Yep. It’s wearing on me.
I can’t seem to find the justification or foundation for how firing this person, in this role, in the givernment is unconstitutional.
CAFC is a federal circuit court - it has some “specialty” jurisdiction.
I’m going to hunt the decision, but my guess is some sort of “separation of powers” rationale. Not that the employee can’t be fired at will, and if cause is necessary, not that cause wasn’t met. The notion of an unconstitutional firing is just plain weird for anything but separation of powers reasons.
There was a time where any felony conviction was an automatic disqualification for any government service position.
(go here to follow the bill from the start)
we need a smoother leaner Congress...make each state like Senators, equal in each state for starters rather than the present law. This huge body is unwieldy and not always well informed about the laws they pass among other business. While reading about the history of HR 1259, I ran across a note of tribute to one NINA M. SERAFINO; don't mean to be persnickety here, but seems to me the people's time could be better spent with fewer than 614 words...point is, there is a place and time for such tributes...the Bureaucracy in America is tremendous...and very wasteful. The VA is very important and should be run by well qualified people. See to it Congress!
HELMAN v. DVA - US Court of Appeals for the Federal Circuit. Case 2015-3086, Merit Systems Protection Board DE-0707-15-0091-J-1
I haven't studied in detail yet, but the issue seems to be a power of an Administrative law Judge to render a conclusive ruling, cutting off all Article III judges. Plaintiff is free to (continue to) pursue her claims, and the power of ALJ is curtailed by this ruling. Nothing on the merits, just a venue issue.
Because it's not. It's the Federal Circuit, a different federal appeals court.
The politically correct terms, constitutional and unconstitutional, when volunteered without reference to supportive constitutional clauses which reasonably justify such decisions in the context of the issue, should be officially interpreteted to mean the following.
Constitutional,” because such a decision advances our unconstitutional agenda, or unconstitutional, likewise because such a decision advances our unconstitutional agenda.
It’s all about people’s entitlement attitudes.....they will continue to use the courts to “obstruct” in order to retain their power and protect whatever shenanigans they’ve been up to.
I’m not quite understanding then.
If it’s a Federal Circuit Court of appeals..., how many layers do they have of Federal Circuit Courts of appeal?
I thought there were roughly nine such courts?
Are then tens or 100s below the nine?
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