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Decision here:
http://www.cadc.uscourts.gov/internet/opinions.nsf/D13E4C2A7B33B57A85257AFE00556B29/$file/12-1115-1417096.pdf
Can still be appealed...
A federal appeals court ruled Friday that President Obama violated the Cons ution when he made three recess appointments to the National Labor Relations Board last year.
http://www.nytimes.com/2013/01/26/bu...-board.html?hp
Decision here:
http://www.cadc.uscourts.gov/internet/opinions.nsf/D13E4C2A7B33B57A85257AFE00556B29/$file/12-1115-1417096.pdf
Can still be appealed...
Good to see the judge agreed with what we said in the past.
He reads this board?
Yeah me and him are long time friends.
I like this. Not because I don't like the average Obama judge but because of the precedent that is set.
I doubt it will stand, tbh... there's hundreds of nominations through decades done that way, including judges... it would basically open the door to a storm of lawsuits...
Kind of a stupid ruling. I would say that no matter who was president.
No the difference was that Congress wasn't officially on recess.
Actually, no. The court said the only valid 'recess' is one time a year... but nominations have happened intra-session for decades now, from presidents of all colors.
FTA:
“If this opinion stands, I think it will fundamentally alter the balance between the Senate and the president by limiting the president’s ability to keep offices filled,” said John P. Elwood, who handled recess appointment issues for the Justice Department during the administration of President George W. Bush. “This is certainly a red-letter day in presidential appointment power.”
Mr. Obama has made about 32 such appointments, including that of Richard Cordray, as director of the Consumer Financial Protection Bureau. President Bill Clinton made 139, while Mr. Bush made 171, including those of John R. Bolton as ambassador to the United Nations and two appeals court judges, William H. Pryor Jr. and Charles W. Pickering Sr.
Nearly all of those appointments would be uncons utional under the rationale of the United States Court of Appeals for the District of Columbia Circuit. It ruled that presidents may bypass the confirmation process only during the sort of recess that occurs between formal sessions of Congress, a gap that generally arises just once a year and sometimes is skipped, rather than other breaks throughout the year. Two of the three judges on the panel also ruled that presidents may fill only vacancies that arise during that same recess.
Yeh, that's it!
.if there's no appeal, it stands 'til the next challenge...Mr. Carney did not say whether the Justice Department would appeal it.
There will be an appeal imo.
There decisions will likely be ruled invalid as well.
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