Pages

7 comments

Jump to bottom
1 Randall Gross  Sat, Jan 26, 2013 6:07:31am

bad link, but here’s the story at NYT, this will be appealed, & the last ruling went for Obama. It’s unlikely that a higher court will allow the revocation of recess appointments entirely.

[Link: www.nytimes.com…]

NPR take:
[Link: www.npr.org…]

2 PhillyPretzel  Sat, Jan 26, 2013 6:11:05am

re: #1 Randall Gross

Thank you for another link. Sometimes those yahoo links are not too good.

3 Dark_Falcon  Sat, Jan 26, 2013 6:19:33am

re: #1 Randall Gross

bad link, but here’s the story at NYT, this will be appealed, & the last ruling went for Obama. It’s unlikely that a higher court will allow the revocation of recess appointments entirely.

[Link: www.nytimes.com…]

NPR take:
[Link: www.npr.org…]

Not entirely, but in the case of the NLRB appointees SCOTUS is likely to uphold this ruling, since the Senate was in pro-forma session at the time. A recess appointment requires the Senate to actually be in recess, which it wasn’t:

Article I, Section 5, of the Constitution states that neither house of Congress may adjourn for more than three days without the consent of the other house. The House of Representatives did not consent to a Senate recess of more than three days at the end of last year, and so the Senate, consistent with the requirements of the Constitution, must have some sort of session every few days.

The president and anyone else may object that the Senate is conducting “pro forma” sessions, but that does not render them constitutionally meaningless, as some have argued. In fact, the Senate did pass a bill during a supposedly “pro forma” session on Dec. 23, a matter the White House took notice of since the president signed the bill into law. The president cannot pick and choose when he deems a Senate session to be “real.”

It does not matter one whit that most members of Congress are out of town and allow business to be conducted by their agents under unanimous consent procedures, because ending a session of Congress requires the passage of a formal resolution, which never occurred and could not have occurred without the consent of the House.

I’m quite sure that this rulings effect will stand up to Supreme Court review and that the NLRB’s work in 2012 is basically going to have to be discarded.

4 Randall Gross  Sat, Jan 26, 2013 6:23:18am

Here’s Digby’s take,
[Link: digbysblog.blogspot.com…]

This coupled with the wimpy Filibuster reform is a terrible disaster for the Dems if it stands the next four years.

5 Randall Gross  Sat, Jan 26, 2013 6:25:02am

re: #3 Dark_Falcon

You know I”m not a constitutional lawyer, and neither are you so I wouldn’t bet on it either way DF.

6 Randall Gross  Sat, Jan 26, 2013 6:28:37am

To me what’s neither constitutional nor effective government is giving the minority party effective veto power over every Executive branch appointment. That’s just plain f’ing wrong, and the GOP knows it.

7 kirkspencer  Sat, Jan 26, 2013 6:44:23am

Here is the actual decision.

Dark, you might want to read it. Because the reason it says the NLRB appointment was out of recess has nothing to do with pro forma sessions.

The court says the only recess in which appointments can be made is the one between sessions of congress. holidays, etc., do not matter.

There are practical problems with that. For example there are all the federal judges who have been appointed over the past decades during other recesses. That is a lot of cases to be re-tried.

Personally, I think the argument is put together well but ignores the fact prior courts have taken such appointments as valid. We shall have to wait and see, of course.


This page has been archived.
Comments are closed.

^ back to top ^

TwitterFacebook

Turn off all ads for a full year by subscribing!
For about 33 cents a day (per month) or 22 cents a day (per year), our subscription option turns off all advertisements at LGF!
Read more...

► LGF Headlines

  • Loading...

► Tweeted Articles

  • Loading...

► Tweeted Pages

  • Loading...

► Top 10 Comments

  • Loading...

► Bottom Comments

  • Loading...

► Recent Comments

  • Loading...

► Tools/Info

► Tag Cloud

► Contact

You must have Javascript enabled to use the contact form.
Your email:

Subject:

Message:


Messages may be published unless you request otherwise.
Tech Note:
Using the Contact Form
LGF Pages

This button leads to the main index of LGF Pages, our user-submitted articles. You can post your own LGF Pages simply by registering a free account with us.

Create a Page

This is the LGF Pages posting bookmarklet. To use it, drag this button to your browser's bookmark bar, and title it 'LGF Pages' (or whatever you like). Then browse to a site you want to post, select some text on the page to use for a quote, click the bookmarklet, and the Pages posting window will appear with the title, text, and any embedded video or audio files already filled in, ready to go.

Or... you can just click this button to open the Pages posting window right away.

Last updated: 2014-03-07 2:19 pm PST

LGF User's Guide
Recent Pages
Randall Gross
Creationism Is Just the Start: How Right-Wing Christians Are Warping America’s Schools
One of the biggest obstacles for the conservative movement when it comes to recruiting new members is, to be frank, reality itself. History, science, economics are all fields constantly churning out information that makes right-wing ideology look silly, nonsensical ...

26 minutes ago
Views: 39 • Comments: 0
Tweets: 0 • Rating: 0
BadExampleMan
Puna, Hawaii Lava Flow Update - Pahoa’s in for It
Based on the latest measurements, the lava flow from the Pu'u O'o crater's June 27 outbreak has slowed some but it's headed straight for the center of Pahoa town. As of today, the 20th, the flow has left the forested ...

4 hours, 8 minutes ago
Views: 74 • Comments: 0
Tweets: 0 • Rating: 0
FemNaziBitch
‘I Was Really Stressed Out’: Anxiety Rules the Secret Life of Teens - Parents - TODAY.com
When hormones, grades and peer pressure rule your life, turmoil often follows. Yet many families don't realize how crippling the stress can be for their teenagers. TODAY's series on the secret lives of teens began Wednesday with NBC special ...

18 hours, 15 minutes ago
Views: 116 • Comments: 0
Tweets: 0 • Rating: 0
theliel
AEI Decides to Weigh in on #GamersGate
So Polygon showcases the AEI's anti-femminist response to #gamergate talking about how games are for dudes and dudes need that space to continue being dudes and bitches should get back in that kitchen where they belong. Link is to Polygon ...

2 days, 17 hours ago
Views: 224 • Comments: 0
Tweets: 0 • Rating: 1
CriticalDragon1177
Alternet - Nicholas Wade’s Flawed Book Rewrites the History of Scientific Racism
Jon Phillips takes on Nicholas Wade's claims, and proves once again that so called "scientific" racism is little more than a pseudoscience. This was originally posted in September 2014 edition of the Southern Poverty Law Center's Intelligence Report, ( ...

3 days, 11 hours ago
Views: 383 • Comments: 1
Tweets: 2 • Rating: 3
Lumberhead
Angry Letters to the One Member of Congress Who Voted Against the War on Terror - the Atlantic
My first attempt at a page - so here we go: The article is a little long but well worth while. I found it to be nicely balanced with interesting excerpts from supporters as well as detractors. Barbara Lee was ...

4 days, 14 hours ago
Views: 429 • Comments: 2
Tweets: 1 • Rating: 5
The War TARDIS
Doctor Who “Listen” Open Thread
I'm back. Last week, I couldn't do this thread, as something more important was going on. One of my best friends, a sweet, and very devout Christian, is going to the UK to help a Christian Group in Oxford, and ...

6 days, 12 hours ago
Views: 387 • Comments: 42
Tweets: 0 • Rating: 3
Rightwingconspirator
Are Higher Frame Rates Really a Better Moving Image in Cinema?
As a guy who scratches the surface of this medium with humble indy efforts and some industrial video experience I have to watch carefully. If I commit to the wrong camera or format, it can hurt financially. Once I had ...

1 week ago
Views: 590 • Comments: 7
Tweets: 25 • Rating: 7
Slap
For guitar fans…
I suppose one needs to be a guitar freak of a certain age to recognize both of these guys. Gabrels' work might be familiar to fans of Bowie/Tin Machine. Nelson's work? I believe him to be one of the most ...

1 week ago
Views: 441 • Comments: 2
Tweets: 0 • Rating: 1
GlutenFreeJesus
Check your gmail accounts!
Here's the link to the tool. One of mine was on that list, so I changed the password. Good luck! isleaked.com

1 week, 2 days ago
Views: 626 • Comments: 2
Tweets: 0 • Rating: 7
 Frank says:

Anything over a mouthful is wasted.