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Fri Jan 25, 2013, 11:30 PM

A Court Upholds Republican Chicanery

http://www.nytimes.com/2013/01/26/opinion/a-court-upholds-republican-chicanery.html

Editorial
A Court Upholds Republican Chicanery

For most of President Obamaís first term, Republicans used legislative trickery to try to prevent the functioning of two federal agencies they hate, the National Labor Relations Board and the Consumer Financial Protection Bureau. First they would filibuster the presidentís nominees to the agencies, knowing that neither agency could operate without board members or a director. Then they would create fake legislative sessions for the Senate during its recess, intended solely to prevent Mr. Obama from making recess appointments as an end run.

Astonishingly, a federal appeals court upheld this strategy on Friday. Mr. Obama had declared that Congress was not really open for business during its one-minute, lights-on-lights-off sessions intended only to thwart him, and he made recess appointments. A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit said his N.L.R.B. appointments were unconstitutional, buying the argument of Republicans that the Senate was really in session.

The court even broke with the presidential practice of 150 years by ruling that only vacancies arising during a narrow recess period qualify for recess appointments.

White House officials said the administration would appeal the decision to the Supreme Court, but if it is upheld, it will invalidate scores of decisions made by the labor board over the last year. Without lawfully appointed members, the board would lack a quorum and could take no action, unable to police union elections or ensure that companies treat unions properly. That is exactly the outcome hoped for by business interests and the right, furious that a board under Democratic control tends to rule in laborís favor (after years of ruling for business during the Bush years).

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Reply A Court Upholds Republican Chicanery (Original post)
jsr Jan 2013 OP
ProgressiveProfessor Jan 2013 #1
blkmusclmachine Jan 2013 #2
Scuba Jan 2013 #3

Response to jsr (Original post)

Sat Jan 26, 2013, 12:28 AM

1. The ramifications of this could be huge

It would mean there was never a legal quorum and everything the NLRB has done since then is now null and void.

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Response to jsr (Original post)

Sat Jan 26, 2013, 05:43 AM

2. Bipartisanship You Can Believe In

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Response to jsr (Original post)

Sat Jan 26, 2013, 10:58 AM

3. Bush's stacking of Federal Courts, and Republican obstruction of Obama naming justices ...

... continues to pay off for the Repukes and their masters.

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