Second appeals court invalidates Obama's NLRB recess appointments

[dkf]

Second appeals court invalidates Obama's NLRB recess appointments

By TAL KOPAN | 5/16/13 12:10 PM EDT

A second appeals court has joined the D.C. Circuit in ruling that President Barack Obama’s recess appointments to the National Labor Relations Board were unconstitutional, concluding that some board actions taken in the wake of those appointments were also invalid.

The issue has far-reaching implications for both the NLRB and other boards, including Obama’s Consumer Financial Protection Bureau, which has been a frequent target of conservatives and whose director was a recess appointment.

The 2-1 decision Thursday from the U.S. Court of Appeals for the Third Circuit (posted here) found that the presidential recess appointment power is limited to breaks between sessions of Congress, not breaks within sessions or other adjournments during which the Senate might meet in pro forma sessions. The reasoning mirrors that in a ruling of the D.C. Circuit Court in January.

http://www.politico.com/blogs/under-the-radar/2013/05/second-appeals-court-invalidates-obamas-nlrb-recess-164150.html?hp=l9

[Tx4obama]

1. So, the next step is SCOTUS?

[msanthrope]

5. En banc reconsideration would be my guess.. nt

[DallasNE]

9. Interesting How A Practice

That has been in place forever is now ruled unconstitutional. I neither approve the practice nor the obstruction that moves presidents to follow the practice. An up or down vote should be mandated within 90 days of any nomination going to the Senate. I also believe that filibuster rules should be limited to laws voted on by the Senate. The other thing this shows is that the courts are now as dysfunctional as Congress. In today's environment there is no hope of either being fixed.

[Yo_Mama]

10. Well, right now the two district courts are in agreement

There's more probability of going to the SC when they disagree.

[Laelth]

2. This legal reasoning ignores reality (that Republicans are blocking appointments in bad faith).

It is a disappointing ruling, to say the least.

-Laelth

[Kingofalldems]

3. Somebody seems all excited over Obama's latest difficulties

[Cirque du So-What]

4. The past few days have been particularly 'productive'

What a fucking shame that a couple of these 'scandals' have been deflated, although I wouldn't be surprised to see a herculean effort to blow them back up.

[Kingofalldems]

6. I wish META was still here

We are getting steamrolled.

[Cirque du So-What]

7. As I recall

there was a monumental effort in META to get something done about it, but it was to no avail. It's not my website, and I don't know the admins' reasoning on it, but it sure seems like they'd want to address a problem of this magnitude. All I can figure is that they're willing to put up with a certain amount of shit just to 'keep things lively'...that and get donations.

[dkf]

11. You need to chill out and realize sometimes the news is just the news.

None of this makes me happy. If anything I'm getting upset.

[mountain grammy]

8. Makes the lack of fillibuster reform even more outrageous.

What's it gonna take, Harry?