Appointments unconstitional says Supreme Court

[Ravin R10 man]

We all knew this; I meant Fed appeals court...

WASHINGTON (CNN) —President Obama's recess appointments to a federal agency-- made without Senate confirmation-- have been struck down by a federal appeals court as an unconstitutional use of executive power.

The three-judge panel unanimously concluded Friday three people named to the National Labor Relations Board lacked authority, because the presidential appointments were made while the Senate was technically in a "pro forma" session during the winter holiday break.

The case sets up a potential high-stakes Supreme Court fight between the executive and legislative branches.

Republican and Democratic lawmakers in the past have used the "virtual Congress" tactic to block unilateral appointments by the President when the Senate is away.

"We determine the Board issuing the findings and order could not lawfully act, as it did not have a quorum," said the court.

Republicans had claimed the appointments to the NLRB created a panel that was overly pro-union, and this ruling could invalidate hundreds of findings issued over the past year. The administration is expected to file an appeal to the Supreme Court in coming months.

And the court's conclusion also put in jeopardy the recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau, a move also being challenged in a separate lawsuit.

"Allowing the President to define the scope of his own appointments power would eviscerate the Constitution's separation of powers," said the judges from the U.S. Court of Appeals for the District of Columbia Circuit. "An interpretation of 'the recess' that permits the President to decide when the Senate is in recess would demolish the checks and balances inherent in the advice-and-consent requirement, giving the President free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction. This cannot be the law."

The White House said it believes Friday's decision will not affect Cordray's appointment, but did express displeasure with the court's action.

"The decision is novel and unprecedented. It contradicts 150 years of practice by Democratic and Republican administrations," said Jay Carney, White House Press Secretary. "So we respectfully, but strongly disagree with the rulings. There have been-- according to the Congressional Research Service-- something like 280-plus intra-session recess appointments by, Democratic and Republican administrations dating back to 1867. That's a long time and quite a significant precedent."

Read more: Appeals court rules Obama recess appointments unconstitutional | Politics - WDSU Home

Edited January 26, 2013 by Mathews XT Man

[Adjam5]

Anything out of Jay Carneys mouth is a Lie. How does he look in the mirror?

It doesnt surprise me at all the King Obama is ruling with a iron hand and trying to make America into his own fifedom. It is only a matter of time before he gets to replace 2 more Supreme court justices and mold decisions his way for a LOOOOONG time. Scary...very scary.

[kudu88]

Appointments unconstitional says Supreme Court

Wouldn't get your hopes up on this. Traditionally both Republican and Democratic presidents have done this to make appointments that otherwise would not have gotten approved by the Senate. Pres Obama has done this 32 times. Pres Bush did it 171 times. And it goes back another 150 years or so. It is a loophole created in the Constitution's Article 2 Section 2. The Supreme Court will overturn this courts ruling and business will go on as usual. It is to critical of a tool for the president (Republican or Democrat). Otherwise some positions may never be approved by the Senate due to political considerations and not based on merit.

[bigox]

Appointments unconstitional says Supreme Court

No matter who did it or how many times does not make a wrong right. How does merit matter anymore when a single person makes the appointment the wrong way?

[wtnhunt]

Yep, Anthony gotta agree on Carney. How the man can look himself in the mirror is beyond me, makes me sick to see his smirk when you see him clearly misleading or flat out telling lies.

Seems to me obama criticized those before him for the very things he is doing. Far as the ruling goes, guess we will see.

[PotashRLS]

He has 4 years to go for broke in the worlds largest game of chicken. Only thing is there are a lot of lives and families at risk.

[too_pointer]

Am I wrong, to get our king shut down . and enjoy it LOL. ? This just shows how immature he is to be pres. I'm 58 years old, and don't remember anytime in my past to have so many

hard choices that would affect my future of owning and shooting guns. Got to admit, that this is much more serious than ever. :no: I completety back 100% of our right to own, and use all weapons.

too_