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DEVELOPING: Obama recess appointments unconstitutional, cour
Posted: Fri Jan 25, 2013 1:44 pm
by The Annoyed Man
http://www.washingtontimes.com/news/201 ... ointments/
DEVELOPING: Obama recess appointments unconstitutional, court
By Stephen Dinan-The Washington TimesUpdated: 1:06 p.m. on Friday, January 25, 2013
In a case freighted with major constitutional implications, a federal appeals court on Friday overturned President Obama’s controversial recess appointments from last year, ruling he abused his powers and acted when the Senate was not actually in a recess.
The three-judge panel’s ruling is a major blow to Mr. Obama. The judges ruled that the appointments he made to the National Labor Relations Board are illegal, and the board no longer has a quorum to operate.
But the ruling has even broader constitutional significance, with the judges arguing that the president’s recess appointment powers don’t apply to “intrasession” appointments — those made when Congress has left town for a few days or weeks.
The judges signaled the power only applies after Congress has adjourned a session permanently, which in modern times usually means only at the end of a year. If the ruling withstands Supreme Court scrutiny, it would dramatically constrain presidents in the future.
{.....SNIP.....}
“If some administrative inefficiency results from our construction of the original meaning of the Constitution, that does not empower us to change what the Constitution commands,” the judges wrote.
Finally a bit of good news....
I admit to being ignorant about the DC appellate court, so I don't know whether to be surprised or not by this ruling. If it had been the 9th circuit court in California, I would have fainted dead away.
Re: DEVELOPING: Obama recess appointments unconstitutional,
Posted: Fri Jan 25, 2013 1:50 pm
by grumble
We can only hope that it holds. This would be a major win in the war against Constitutional abuse.
Re: DEVELOPING: Obama recess appointments unconstitutional,
Posted: Fri Jan 25, 2013 1:57 pm
by Andrew
Alreday posted
http://texaschlforum.com/viewtopic.php?f=94&t=62191" onclick="window.open(this.href);return false;
Re: DEVELOPING: Obama recess appointments unconstitutional,
Posted: Fri Jan 25, 2013 1:57 pm
by The Annoyed Man
It's also interesting that the DOJ has two alternative courses of action: ask for review by the full en-banc appellate court, or to appeal directly to SCOTUS. If it goes to SCOTUS, I kind of like our chances. I have no idea of the the full DC appellate court are a leftist majority, or are they respecters of original intent doctrine. This ruling was a three judge panel.
According to Wikipedia (
http://en.wikipedia.org/wiki/United_Sta ... ia_Circuit):
A judgeship on the D.C. Circuit is often thought of as a stepping-stone for appointment to the Supreme Court. Chief Justice John Roberts and Associate Justices Antonin Scalia, Clarence Thomas, and Ruth Bader Ginsburg are alumni of the D.C. Circuit.
Roberts, Scalia, and Thomas are part of the Supreme Court's more or less conservative majority.
Re: DEVELOPING: Obama recess appointments unconstitutional,
Posted: Fri Jan 25, 2013 1:59 pm
by The Annoyed Man
Re: DEVELOPING: Obama recess appointments unconstitutional,
Posted: Fri Jan 25, 2013 2:02 pm
by gthaustex
What? Someone is calling him out? Advise and consent still has meaning? A glimmer of hope perhaps?
Re: DEVELOPING: Obama recess appointments unconstitutional,
Posted: Fri Jan 25, 2013 2:21 pm
by StewNTexas
TAM, caught you with a spelling error.
You mentioned the California court was the 9th Circuit. I believe it is the 9th Circus.
Re: DEVELOPING: Obama recess appointments unconstitutional,
Posted: Fri Jan 25, 2013 2:58 pm
by The Annoyed Man
StewNTexas wrote:TAM, caught you with a spelling error.
You mentioned the California court was the 9th Circuit. I believe it is the 9th Circus.
Re: DEVELOPING: Obama recess appointments unconstitutional,
Posted: Fri Jan 25, 2013 3:25 pm
by chasfm11
StewNTexas wrote:TAM, caught you with a spelling error.
You mentioned the California court was the 9th Circuit. I believe it is the 9th Circus.
Sorry. Can't be. The animals in a circus are well trained.
Re: DEVELOPING: Obama recess appointments unconstitutional,
Posted: Fri Jan 25, 2013 4:11 pm
by RPB
Related to Obama breaking laws (again proving law breakers love gun control) is the U.N. now is investigating Obama for war crimes,,, now if the UN wants to prosecute him and I'm disarmed, guess I'll watch.
http://www.aljazeera.com/news/europe/20 ... 48495.html" onclick="window.open(this.href);return false;
Re: DEVELOPING: Obama recess appointments unconstitutional,
Posted: Fri Jan 25, 2013 4:54 pm
by Ericstac
Dang it, I forgot the darn farkels..
Re: DEVELOPING: Obama recess appointments unconstitutional,
Posted: Fri Jan 25, 2013 5:04 pm
by jmra
I like the farkels.
Re: DEVELOPING: Obama recess appointments unconstitutional,
Posted: Fri Jan 25, 2013 5:19 pm
by RHenriksen
chasfm11 wrote:StewNTexas wrote:TAM, caught you with a spelling error.
You mentioned the California court was the 9th Circuit. I believe it is the 9th Circus.
Sorry. Can't be. The animals in a circus are well trained.
Ahem - well *regulated*?
Re: DEVELOPING: Obama recess appointments unconstitutional,
Posted: Fri Jan 25, 2013 5:42 pm
by The Annoyed Man
Ericstac wrote:
Dang it, I forgot the darn farkels..
That's OK, brother. That's just my way of dealing with having been beaten to the punch.
