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
Syrian Rebels Attack Peacekeepers in Golan Heights
Clashes erupted between al-Qaida-linked Syrian rebels and U.N. peacekeepers in the Golan Heights on Saturday after the militants surrounded their encampment, activists and officials said, as the international organization risked being sucked further into the conflict. The clashes came ...

1 hour, 30 minutes ago
Views: 72 • Comments: 0
Tweets: 2 • Rating: 0
FemNaziBitch
Roger Goodell: ‘I Didn’t Get It Right.’ -NFL TAKES A NEW STANCE DOMESTIC VIOLENCE
NFL commissioner Roger Goodell admits he was wrong on the Ray Rice decision, and Goodell took an important step Thursday towards showing the league is serious about cracking down on domestic violence as well as sexual assault. In a ...

1 day, 2 hours ago
Views: 138 • Comments: 1
Tweets: 0 • Rating: 0
sagehen
Doctor Who Spoiler Thread
For those who want to post immediately... live... without having to hide spoilers behind the button.

6 days, 16 hours ago
Views: 628 • Comments: 99
Tweets: 0 • Rating: 6
EiMitch
Escapist: Maniac Cop
escapistmagazine.com Link broken? The gist is that this is an impressively sarcastic review of an old slasher flick based on the "unrealistic" premise of a cop abusing his power to murder people.

1 week ago
Views: 456 • Comments: 1
Tweets: 0 • Rating: 1
Hyped Up On Ganja
Hunt for German neo-Nazis was ‘complete disaster’
BERLIN (AP) -- Police and security services in Germany's eastern state of Thuringia bungled the hunt for three neo-Nazis, who years later turned out to be the main suspects in a far-right murder spree. Story

1 week, 1 day ago
Views: 661 • Comments: 2
Tweets: 0 • Rating: 3
Rightwingconspirator
A Lizard’s Regenerating Tail
Don't ya hate it when that happens? You feel so short for a month. Anoles are curious little lizards capable of ditching their tails when they feel threatened. This self-amputation, called autotomy, takes about 25 days for the tail to ...

1 week, 1 day ago
Views: 475 • Comments: 1
Tweets: 0 • Rating: 5
CriticalDragon1177
Io9 - Everything You Need To Know About Lemuria, The Lost Continent Of Lemurs
Esther Inglis-Arkell talks about the weirdest lost continent myth, I've ever heard. Its the only one I know of that ever included giant telepathic lemurs. No seriously! In 1858 a young zoologist, playing around with an idea, came up with ...

1 week, 1 day ago
Views: 640 • Comments: 4
Tweets: 0 • Rating: 7
Laughing Gas
Scumbag “HBD believer” claims Michael Brown charged officer
WARNING: LINK TO HATE SITE He links to some ijreview, a right wing site: This guy makes me sick.

1 week, 4 days ago
Views: 1,486 • Comments: 6
Tweets: 1 • Rating: 1
 Frank says:

Jazz is not dead...it just smells funny.