The Supreme Court sided with Congress today in the high-stakes power struggle over presidential recess appointments.
The unanimous ruling by the court against the Obama administration could invalidate hundreds of decisions by the National Labor Relations Board -- the federal agency at the center of this legal fight.
At issue is whether three people named by President Barack Obama to the NLRB were ineligible to serve because their appointments were made while the Senate was technically in a "Pro forma" Session during the 2011-12 winter holiday break.
The Constitution allows a President to fill temporary appointments during a recess, without congressional approval. But more recently, lawmakers have sought to thwart certain appointments by never technically shutting down the Senate.
The closely watched constitutional and political confrontation over the practice has accelerated due to partisan gridlock in Congress. Ref. CNN
Not only was it a ruling against the Obama Administration but it was a unanimous decision that made a bold statement that the Office of President is not all powerful but is subject to the wishes of the people.
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The Supreme Court had no real choice but to do this. Otherwise, the next time a president might wait only 2 days...then 1 day...then next there would be recess appointments during bathroom breaks in congress. I will agree that appointment confirmations are getting obscene. However, Obama has only his party to really look at as responsible for this on the Bork confirmation.
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Interestingly enough, had Bork been allowed to be a justice, Obama may have been granted the right to do the very thing that he was just denied as Bork approved of disproportionate Executive power. Every since Bork was Borked (A verb was even generated to describe his confirmation treatement), it takes nearly half the term for a president to get all his seats filled through the nominee confirmation process.
Edited: Vincenzo on 26th Jun, 2014 - 6:38pm
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Tipping Point: America's Government is Now Broken
The Supreme Court ruled on Thursday, in NLRB v. Noel Canning, that President Obama violated the Constitution by appointing members to the National Labor Relations Board while the Senate was in a three-day recess. Obama was trying to provide the NLRB with enough members to... Ref. Source 2
It is sadly funny that they make this sound nearly like all workings in the US government will come to a total standstill from this pronouncement of the Supreme Court. OMG, the NLRB didn't have a legal board since Obama made the appointments. First of all, the decisions that were reached by this board will need to be reviewed, but since the hearing below was held, they will mearly rubber stamp each decision (So nothing was lost and won't cost us anything additional). Basically, the decisions made during the time that these two were on the board will stand.
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Now, while I totally disagree with Mr Haskins, the board was required to help launch the NLRA (National Labor Relations Act). There was much more friction between employers and employees and treatment was far different back in the 1930's when the act was passed. Today, they basically run Union Elections and settle some labor disputes. This does not need nearly 2000 US employees (And extremely well paid at that) to administer. This can all be outsourced (Voting monitoring and admistration) as well as taken up by other parts of the government (Judicial can pick up labor disputes). We shouldnt be upset that the nominees have now been told to go packing, we should be upset the entire budget of 280 million wasnt pulled and put towards the debt.
There is a trend of decreasing need for this organization but yet it continues to receive more funding. This is what is broken...
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It has long been understood that the Supreme court has way more power than all of us, the only difference is they wait for us to complain about something and then they make a pronouncement on it that we all have to follow even if the majority of us don't want it that way, even if we voted for it to not be that way. Thus the decisions of a few rule the many - is that democracy in action? I am glad to see Barrack Obama halted a bit, if we gave him his way he will be enacting the craziest liberal laws ever.
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When they legislate from the bench, that is a pretty big gavel that they weild. Changing the meaning of the ACA in order to make it actually legal was a big reach by SCOTUS.
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