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

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
NASA Studies Details of a Greening Arctic NASA scientists used almost 30 years of data from the NASA/U.S. Geological Survey Landsat satellites to track changes in vegetation in Alaska and Canada. Of the more than 4 million square miles, 30 percent had increases in vegetation (greening) ...
Thanos
9 hours, 17 minutes ago
Views: 118 • Comments: 0 • Rating: 0
Tweets: 3 • Share to Facebook
Shares: 0
Likes: 0
Comments: 0
: 0
Don’t Let Mississippi Establish Anti-Gay Religion The federal law and its many state imitators apply equally to all sincere religious believers and their beliefs. The Mississippi statute doesn't. It begins by singling out three religious beliefs or moral convictions for protection. They are that “marriage ...
Thanos
18 hours, 24 minutes ago
Views: 366 • Comments: 1 • Rating: 2
Tweets: 44 • Share to Facebook
Shares: 1
Likes: 1
Comments: 0
: 2
Brexit in Brussels: Juncker’s Mic Drop and Political Brexploitation The three presidents—Juncker along with Donald Tusk, who heads the European Council, and Martin Schulz, the president of the European Parliament—said they “expect the United Kingdom government to give effect to this decision of the British people as soon ...
Thanos
1 day, 19 hours ago
Views: 494 • Comments: 0 • Rating: 2
Tweets: 6 • Share to Facebook
Shares: 1
Likes: 0
Comments: 0
: 1
Brexit: EU Spells Out Procedure for UK to Leave The European Union has clarified the way the UK can kickstart formal negotiations to exit the bloc following Thursday's referendum. It says Britain can trigger Article 50, which sets a two-year deadline for a deal, by making a formal ...
Thanos
1 day, 21 hours ago
Views: 374 • Comments: 0 • Rating: 0
Tweets: 2 • Share to Facebook
Shares: 1
Likes: 0
Comments: 0
: 1
With Donald Trump in Scotland, Hillary Clinton Rails Against His ‘Brexit’ Response Asked about Britain's plummeting currency in a part of the nation which had voted overwhelmingly to stay in the E.U., Trump noted a money-making opportunity: You know, when the pound goes down, more people are coming to Turnberry, frankly. ...
Thanos
1 day, 21 hours ago
Views: 316 • Comments: 0 • Rating: 1
Tweets: 0 • Share to Facebook
Shares: 0
Likes: 0
Comments: 0
: 0
Former Kansas Governors Form New Political Action Group to Oppose Brownback Four former Kansas governors and other state leaders have announced an effort to raise money to oppose policies and laws created in recent years by Gov. Sam Brownback and the Kansas Legislature. The Save Kansas Coalition, which sent out ...
Thanos
2 days, 7 hours ago
Views: 651 • Comments: 1 • Rating: 3
Tweets: 49 • Share to Facebook
Shares: 2
Likes: 6
Comments: 0
: 8
Cops Nab 3 ‘Vigilantes’ With Arsenal in Van at Holland Tunnel Last Week's good guys with multiple guns. blockquote>A search turned up five pistols, an AR-15 assault rifle, a shotgun, four knives, 10 loaded clips of ammunition and a military-grade helmet. Along with Smith, John Cramsey, 50, and Kimberly Arendt, ...
Thanos
2 days, 8 hours ago
Views: 443 • Comments: 1 • Rating: 1
Tweets: 2 • Share to Facebook
Shares: 0
Likes: 0
Comments: 0
: 0
Today’s Good Guy With a Gun Teaches Us How to Open a Door With a Sig Sauer Hey, it only took two magazines to open that door. Neighbour 'Refused Him Sex' So He 'Shot the House 33 Times' Cops suspect that Sparber had become infatuated with his neighbour and after getting drunk he attempted to shoot ...
Thanos
2 days, 14 hours ago
Views: 1,113 • Comments: 3 • Rating: 2
Tweets: 3 • Share to Facebook
Shares: 1
Likes: 0
Comments: 0
: 1
Turkey Guilty Verdict for Depicting Erdogan as Gollum Did you ever notice how thin skinned bullies like to silence and punish their critics? A court in the south-western Antalya province gave Rifat Cetin a suspended one-year jail sentence and stripped him of parental custody rights. He has ...
Thanos
2 days, 15 hours ago
Views: 421 • Comments: 0 • Rating: 0
Tweets: 2 • Share to Facebook
Shares: 0
Likes: 0
Comments: 0
: 0
Britain Is Leaving the EU. Here’s What That Means. Subscribe to our channel! goo.gl vox.com is a news website that helps you cut through the noise and understand what's really driving the events in the headlines. Check out vox.com to get up to speed on everything from Kurdistan ...
Thanos
2 days, 15 hours ago
Views: 482 • Comments: 0 • Rating: 1
Tweets: 4 • Share to Facebook
Shares: 1
Likes: 0
Comments: 0
: 1