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
Congo Sees Trump Roll-Back of Dodd-Frank Stoking Insecurity - Bloomberg The Democratic Republic of Congo warned that proposals by the Trump administration to rollback laws on so-called conflict minerals from central Africa risks stoking violence by armed groups in the region. The suspension of Section 1502 of the Dodd-Frank ...
Birth Control Works
2 hours, 21 minutes ago
Views: 62 • Comments: 0 • Rating: 0
Tweets: 2 • Share to Facebook
Shares: 0
Comments: 0
: 0
Labor Nominee Acosta Cut Deal With Billionaire Guilty in Sex Abuse Case There was once a time — before the investigations, before the sexual abuse conviction — when rich and famous men loved to hang around with Jeffrey Epstein, a billionaire money manager who loved to party. They visited his mansion ...
Birth Control Works
2 hours, 58 minutes ago
Views: 63 • Comments: 0 • Rating: 0
Tweets: 0 • Share to Facebook
Shares: 0
Comments: 0
: 0
The Worst ‘Alternative Facts’ About Abortion - Rewire During her first weekend as counselor to the 45th president of the United States, Kellyanne Conway introduced the country to a foreboding new catchphrase: “alternative facts.” Many an editorial, even from conservative writers, expressed dismay that a top aide ...
Birth Control Works
2 hours, 59 minutes ago
Views: 85 • Comments: 0 • Rating: 0
Tweets: 2 • Share to Facebook
Shares: 0
Comments: 0
: 0
While Gorsuch Was Testifying, the Supreme Court Unanimously Said He Was Wrong About 40 minutes after Supreme Court nominee Neil Gorsuch began his second day of testimony before the Senate Judiciary Committee, all eight of the justices he hopes to join said a major disability decision Gorsuch wrote in 2008 was ...
Birth Control Works
3 hours, 7 minutes ago
Views: 55 • Comments: 0 • Rating: 0
Tweets: 0 • Share to Facebook
Shares: 0
Comments: 0
: 0
Black & Missing in America - a Short Film Published on May 7, 2015 From OSCAR® and 16-time EMMY award-winning producer Arnold Shapiro and Director/Producer Marlene McCurtis - a short film that highlights the work of the Black and Missing Foundation, and their quest to provide a voice ...
Birth Control Works
3 hours, 37 minutes ago
Views: 61 • Comments: 0 • Rating: 0
Tweets: 0 • Share to Facebook
Shares: 0
Comments: 0
: 0
500 Missing — Why You Should Pay Attention to DC’s Missing Girls if You Attended the Women’s March Though months have passed since the Women's March united women around the nation in January, its mission to stand up for the rights of those who are most vulnerable cannot afford to slip into the background. And this applies ...
Birth Control Works
3 hours, 40 minutes ago
Views: 70 • Comments: 0 • Rating: 0
Tweets: 0 • Share to Facebook
Shares: 0
Comments: 0
: 0
Rewire -‘Issues in Law & Medicine’: A One-Stop Journal for Anti-Vaccine, Anti-Abortion PseudoscienceUnsurprisingly creationists aren't the only ones who produce fake academic journals. It turns out that anti abortion, and anti vaccination ideologues do the same thing, only in the case of "Issues in Law & Medicine," the people behind it, arguably ...
CriticalDragon1177
3 hours, 48 minutes ago
Views: 136 • Comments: 0 • Rating: 0
Tweets: 0 • Share to Facebook
Shares: 0
Comments: 0
: 0
Trump Did to Merkel What Men Do to Women All the Time Tuesday 21 March 2017 06.00 EDT Last modified on Wednesday 22 March 2017 11.22 EDT A few years ago, my husband and I ran into a mutual acquaintance at a restaurant. This young man – a person who would ...
Birth Control Works
4 hours ago
Views: 144 • Comments: 0 • Rating: 0
Tweets: 1 • Share to Facebook
Shares: 1
Comments: 0
: 1
‘Wife Beating Is Not a Matter of ‘Differences of Opinion”: Domestic Violence Groups Blast Oberweis - Aurora Beacon-News For a man intelligent enough to amass a fortune in business, state Sen. Jim Oberweis (R-Sugar Grove) can display a head-shaking lack of common sense and courtesy. You may have heard by now how ice-cream magnate Oberweis compared "wife ...
Birth Control Works
4 hours, 6 minutes ago
Views: 124 • Comments: 0 • Rating: 1
Tweets: 1 • Share to Facebook
Shares: 0
Comments: 0
: 0
RNC Paid Intel Firm for Clinton Dirt As the general election was taking shape last summer, the Republican National Committee initiated a series of payments to a low-profile firm started by retired CIA officers that worked closely with an ex-Russian spy. The payments attracted attention in ...
Birth Control Works
11 hours, 21 minutes ago
Views: 150 • Comments: 0 • Rating: 0
Tweets: 0 • Share to Facebook
Shares: 0
Comments: 0
: 0