Pages

Jump to bottom

7 comments

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.

Jump to top

Create a PageThis 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: 2016-01-01 10:29 am PST
LGF User's Guide RSS Feeds Tweet

Help support Little Green Footballs!

Subscribe now for ad-free access!Register and sign in to a free LGF account before subscribing, and your ad-free access will be automatically enabled.

Recent PagesClick to refresh
Coulter Cancels Berkeley Speech - Conservatives Whine About “Free Speech” Ann Coulter is one of the most vile and odious people on the political scene today, but this is ridiculous. As Elizabeth Warren said, "If you don't like her, don't show up," because the more campus leftist groups try ...
thecommodore
5 hours, 3 minutes ago
Views: 70 • Comments: 0 • Rating: 0
Tweets: 0 • Share to Facebook
Shares: 0
Comments: 0
: 0
Oregon Man Makes Record Ascent of Mount St. Helens With Snow Kite MOUNT ST. HELENS, Wash. – A Hood River man accomplished his 10-year mission to summit Mount St. Helens on a kite board, setting what he calls an unofficial record ascent of the iconic Pacific Northwest peak. vimeo.com On the ...
Bubblehead II
7 hours, 3 minutes ago
Views: 137 • Comments: 0 • Rating: 0
Tweets: 0 • Share to Facebook
Shares: 0
Comments: 0
: 0
ISIS Weapons Being Captured by Canadian Woman Working to Disarm Terrorists Much of the illegally traded weapons are small arms but some -- like the ISIS-made tunnel machine -- demonstrate a level of sophistication never seen before by such a group, according to Morrow. "It's quite unprecedented, the level at ...
Unshaken Defiance
7 hours, 36 minutes ago
Views: 115 • Comments: 0 • Rating: 0
Tweets: 2 • Share to Facebook
Shares: 0
Comments: 0
: 0
The Grifter’s Real Game? Psychology - Science Friday The grifter, the con artist, the flimflammer—the confidence man (or woman) goes by many names. But what the best of them have in common, according to The Confidence Game author Maria Konnikova, is an uncanny knack for understanding human ...
Birth Control Works
8 hours, 28 minutes ago
Views: 123 • Comments: 0 • Rating: 0
Tweets: 0 • Share to Facebook
Shares: 0
Comments: 0
: 0
Perception Scientist Says Reality Is ‘What Proved Useful in the Past’ Later in his explanation, he cites language as a clear example of something that’s part of our reality but only exists in our collective imagination. “It doesn’t exist without us,” he writes. “But it is very much part of ...
Birth Control Works
11 hours, 56 minutes ago
Views: 142 • Comments: 0 • Rating: 0
Tweets: 0 • Share to Facebook
Shares: 0
Comments: 0
: 0
STEALTHING: the Growing Movement of Men Who Secretly Remove Condoms During Sex Two years ago, a 19-year-old Florida teen posted a call for advice in the subreddit askgaybros. In the post, he said he met a guy on Grindr and went back to his place to hook up. When the guy ...
Birth Control Works
2 days, 22 hours ago
Views: 564 • Comments: 6 • Rating: 1
Tweets: 0 • Share to Facebook
Shares: 2
Comments: 0
: 0
Trump-Free Sunday Mornings-Daily Beast We think it’s time to go on a more balanced Donald Diet—call it a Sabbath for sanity. And that’s why we’re going to embark on a new experiment: Trump-free Sunday mornings. Barring major breaking news, for a few hours ...
Unshaken Defiance
3 days, 7 hours ago
Views: 246 • Comments: 0 • Rating: 0
Tweets: 1 • Share to Facebook
Shares: 3
Comments: 0
: 0
Video: John Muir - The Last Oasis John Muir - The Last Oasis is a short film directed by Michael Coleman a Martinez, California native inspired by the writings of naturalist, author and early advocate of wilderness preservation John Muir. Many of the locations featured in ...
teleskiguy
3 days, 18 hours ago
Views: 487 • Comments: 0 • Rating: 2
Tweets: 0 • Share to Facebook
Shares: 0
Comments: 0
: 0
The Woman Who Saved Lower Manhattan From Becoming a Highway What makes a city? It's not the buildings (skyscrapers) or the streets (traffic), or the banks and government offices and shopping districts sandwiched between them. It's the people. This is obvious nearly to the point of tautology, yet in ...
Birth Control Works
4 days, 2 hours ago
Views: 393 • Comments: 2 • Rating: 1
Tweets: 0 • Share to Facebook
Shares: 0
Comments: 0
: 0
Domestic Violence Shelters Make Plea for State Budget Resolution A group of domestic violence shelter representatives and other human services advocates gathered at Mutual Ground's headquarters in Aurora Wednesday morning to again make a plea for a resolution on the state's budget crisis and to call attention to ...
Birth Control Works
4 days, 4 hours ago
Views: 257 • Comments: 1 • Rating: 1
Tweets: 0 • Share to Facebook
Shares: 0
Comments: 0
: 0