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 ...
Think how badly we need six Clarence Thomases.
assuming the court takes the case, which I doubt they will.
Yep, hopefully Kennedy will go with conservatives on this and straighten out this recess appointment fiasco.
Obama will appeal everything to the SC, hoping one of the five conservative justices dies in the meantime. After that, he’s home-free even without control of the House of Representatives. He wouldn’t even need the 2014 elections, because some judicial way would be found to rubber-stamp anything he did through the Executive Branch.
We’re hanging by a thin thread here.
The assclown will lose.
He’s running out the clock.
Maybe this round but the spoiled little POS assclown won’t give up until he gets his way. He needs to be impeached and thrown in prison along with his entire socialist administration.
His actions against our veterans is nothing but despicable.
If a conservative justice dies he’ll wait until the senate is in recess then appoint his SC justice.
The same was said about zerocare...
I believe they only need four SCOTUS justices to agree to a writ of certiorari (i.e., to take the case) and there's a darn good chance the four left-leaning 'Rat appointees will sign off on that.
If the SCOTUS does take the case, anything is possible, as shown by Roberts' crass switch on Obamacare.
Hope they don't reverse, of course, and finally place some limit on Zero's power.
Where is Robert Bork when you need him?
Question if you know:
Being he skipped the en banc if SCOTUS doesn't take this appeal would both findings of the DC Court be final?
If the usual four statists plus Kennedy find for Obama, they will blow the lid completely off what remains of our once republic and Constitution.
It will mean that ‘Bam can appoint whomever he wants, whenever he wants, including supreme court justices.
It will nearly complete the consolidation of government we have been heading for since the 17th Amendment.
Guess who's footing the bill for ALL of this B.S.?
I don't think he can go back and ask for en banc. He can maybe ask (I don't know), but they can refuse. Not likely they'll go against SCOTUS, if it won't hear from Obastard.
Thank you.
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