View Single Post
Old 01-25-2013, 09:33 AM   #1
cutthemdown
A verbis ad verbera
 
cutthemdown's Avatar
 
Zimm to HOF

Join Date: Mar 2006
Location: Long Beach
Posts: 36,404
Default Courts rule Obama recess appointments unconstituional

http://www.cbsnews.com/8301-250_162-...onstitutional/

President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel, a federal appeals court panel ruled Friday.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said that Obama did not have the power to make three recess appointments last year to the National Labor Relations Board.

The unanimous decision is an embarrassing setback for the president, who made the appointments after Senate Republicans spent months blocking his choices for an agency they contended was biased in favor of unions.

The ruling also throws into question Obama's recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray's appointment, also made under the recess circumstance, has been challenged in a separate case.

Obama claims he acted properly in the case of the NLRB appointments because the Senate was away for the holidays on a 20-day recess. But the three-judge panel ruled that the Senate technically stayed in session when it was gaveled in and out every few days for so-called "pro forma" sessions.
cutthemdown is offline   Reply With Quote
Sponsored Links