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: 2021-06-05 2:51 pm PDT
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.

Donate with
PayPal
Cash.app Shop at amazon
as an LGF Associate!
Recent PagesClick to refresh
Cross Bones Style — Jason Isbell, Amanda Shires Provided to YouTube by The Orchard Enterprises Cross Bones Style · Jason Isbell and the 400 Unit · Amanda Shires · Charlyn Marie Marshall Georgia Blue ℗ 2021 Southeastern Records marketed and distributed by Thirty Tigers Released on: 2021-10-15 ...
Thanos
16 hours, 12 minutes ago
Views: 107 • Comments: 0 • Rating: 0
Tweets: 1 •
Jon Batiste - SING Ft. Tori Kelly Order my album ‘WE ARE: The Deluxe Edition’: jon-batiste.lnk.to Shop merch: jonbatistestore.com Director : Content Video Follow Jon:Instagram: jon-batiste.lnk.to Facebook: jon-batiste.lnk.to Twitter: jon-batiste.lnk.to Spotify: jon-batiste.lnk.to Apple Music: jon-batiste.lnk.to Amazon: jon-batiste.lnk.to Soundcloud: jon-batiste.lnk.to Pandora: jon-batiste.lnk.to YouTube Music: jon-batiste.lnk.to Official Website: ...
Thanos
1 day, 4 hours ago
Views: 130 • Comments: 0 • Rating: 0
Tweets: 0 •
An Exercise in Rock & Roll Improvisation - Umphrey’s McGee: UMBowl 2021 Stew Art 10/09/21 UM kicked off night two of UMBowl 2021 with only the 7th “Stew Art” set ever, where fans texted in concepts and the band created new improvised music on the spot based off of the ideas presented on the ...
teleskiguy
3 days, 13 hours ago
Views: 302 • Comments: 0 • Rating: 1
Tweets: 3 •
BADBADNOTGOOD - Love Proceeding Taken from the album, Talk Memory. Out October 8th on XL Recordings and Innovative Leisure. Out now: badbadnotgood.ffm.to Many thanks to all our friends and the fabulous people who came together for this film. Written and Directed by Jamal ...
Thanos
1 week ago
Views: 425 • Comments: 0 • Rating: 0
Tweets: 3 •
Is the Day of Reckoning Here for Apple? (Part 1 of 2)Had you been an investor in Apple stock back in the 1990's, you would now be sitting on a goldmine. There is a metric boatload of wha I could write about for the state of the ar of Smartphones in ...
Eric The Fruit Bat
2 weeks, 1 day ago
Views: 745 • Comments: 0 • Rating: 0
Tweets: 13 •
The Duke — Bill Charlap Trio Released Today unpretentiously inventive, fluid, and happy. Provided to YouTube by Universal Music Group The Duke · Bill Charlap Trio The Duke ℗ Blue Note Records; ℗ 2021 UMG Recordings, Inc. Released on: 2021-10-01 Producer, Associated Performer, Piano: Bill CharlapStudio Personnel, ...
Thanos
2 weeks, 3 days ago
Views: 940 • Comments: 0 • Rating: 0
Tweets: 4 •
#Thegreatpoolpondconversion - 210926; “Pictures, Lots of Pictures”First a solar update: We thought we were running full 3 panels of power since we put them on the roof.We weren't.Three panels into 1 feed wire into 1 controller and you never know if one is goofing off.We finally ...
Dangerman
2 weeks, 3 days ago
Views: 1,115 • Comments: 3 • Rating: 6
Tweets: 0 •
#Thegreatpoolpondconversion - 210926; “The Pond”Here's an index of all the postings in #thegreatpoolpondconversion
Dangerman
2 weeks, 3 days ago
Views: 1,129 • Comments: 0 • Rating: 3
Tweets: 0 •
#Thegreatpoolpondconversion - 210926; “Panorama”Here's an index of all the postings in #thegreatpoolpondconversion
Dangerman
2 weeks, 3 days ago
Views: 1,075 • Comments: 0 • Rating: 2
Tweets: 0 •
#thegreatpoolpondconversion - 210926; “View from the Roof”Here's an index of all the postings in #thegreatpoolpondconversion
Dangerman
2 weeks, 3 days ago
Views: 1,176 • Comments: 2 • Rating: 3
Tweets: 0 •