Chief Justice Roberts: Why Isn’t Obama Making Recess Appointments To The NLRB?

[Omaha Steve]

http://wonkroom.thinkprogress.org/2010/03/24/roberts-nlrb/

For two years now, the National Labor Relations Board (NLRB) — which is responsible for mediating disputes under the National Labor Relations Act — has been stuck with only two of its five members in place. This is an significant problem, because there’s a serious legal challenge to the NLRB’s authority to issue rulings with just two members.



Yesterday, the Supreme Court heard arguments in New Process Steel v. National Labor Relations Board, and if the decision goes against the NLRB, more than 600 cases that the shorthanded board has decided could be thrown out.

The Obama administration has actually nominated members to the board, including former AFL-CIO and SEIU attorney Craig Becker, but Senate obstruction has prevented them from moving forward. Conservatives have decided that Becker’s nomination is a proxy battle for the Employee Free Choice Act (EFCA), believing that Becker will somehow institute EFCA all by himself, which is, of course, nonsense.

This obstruction has led the administration to hint that it may recess appoint Becker. And during oral arguments at the Supreme Court yesterday, Chief Justice John Roberts essentially agreed that recess appointments are the way to go:

NEAL KATYAL, DEPUTY SOLICITOR GENERAL: They were named in July of last year. They were voted out of committee in October. One of them had a hold and had to be renominated. That renomination took place. There was a failed quorum — a failed cloture vote in February. And so all three nominations are pending. And I think that underscores the general contentious nature of the appointment process with respect to this set of issues.

CHIEF JUSTICE ROBERTS: And the recess appointment power doesn’t work why?

FULL story at link.

[jaxx]

1. Aren't recess appts only good for one year?

And instead of wondering why the obstructionists are refusing to ok the nominees, the activist judge goes after the president. I think Roberts is trouble with a capital T.

[Renew Deal]

2. Why? Because Obama is trying to respect Congress

But I think his patience is running out. He threatened to recess appoint a few people a couple weeks ago.