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!
Take advantage of our New Year subscription special, and save 25% off the normal subscription price! For a limited time, one-year ad-free subscriptions are just $59.95. Turn off all ads for a full year by subscribing now and save!
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: 2014-12-15 2:06 pm PST

LGF User's Guide
Recent Pages
Thanos
Drone Maker to Add No-Fly Firmware to Prevent Future White House Buzzing
In the wake of a National Geospatial-Intelligence Agency employee's late-night drunken mischief with a DJi Phantom 2 consumer quadrocopter drone over White House airspace, President Barack Obama called for new laws to govern the use of unmanned aerial vehicles. ...

7 minutes ago
Views: 25 • Comments: 0
Tweets: 1 • Rating: 0
Rightwingconspirator
Sunday Is the Super Bowl of Drunk Driving-Crash Data
Let's be careful out there. Be careful driving on Super Bowl Sunday. Your chance of being involved in a crash tied to drunk driving can be as much as double that of a normal Sunday in January or February, according ...

18 hours, 7 minutes ago
Views: 142 • Comments: 0
Tweets: 0 • Rating: 0
The Vicious Babushka
What a Soviet Soldier Saw When His Unit Liberated Auschwitz 70 Years Ago
More: What a Soviet Soldier Saw When His Unit Liberated Auschwitz 70 Years Ago When the Soviet Army's 322nd Rifle Division entered the concentration camp at Auschwitz on Jan. 27, 1945, they found a desolation. Mounted on shaggy ponies, they ...

22 hours, 47 minutes ago
Views: 256 • Comments: 0
Tweets: 3 • Rating: 3
FemNaziBitch
Police: 18 Men Busted for Online Child Sex Crimes
Authorities in Worcester County announced Thursday that they've spent the last year catching would-be sexual predators by pretending to be vulnerable teenagers over the Internet. The Worcester County Sheriff's Office said Operation Worcester Safety Net culminated in charging 18 ...

1 day, 2 hours ago
Views: 151 • Comments: 0
Tweets: 0 • Rating: 2
Rocky-in-Connecticut
Sports Hero Gang Sign Shame
you know those professional athlete thugs- always flashing gang signs along with his baby mama. Fine example these two are. I expect Fox News and right wing blogs to have this as their cover story pronto. instagram.com Or maybe not. ...

1 week, 1 day ago
Views: 640 • Comments: 0
Tweets: 0 • Rating: 1
Skip Intro
Republican Net Neutrality Bill Would Gut FCC’s Authority Over Broadband
The party of pure evil strikes again. Net neutrality legislation unveiled by Republicans today would gut the ability of the Federal Communications Commission to regulate the broadband industry. As expected, the bill forbids the FCC from reclassifying broadband as a ...

1 week, 1 day ago
Views: 565 • Comments: 2
Tweets: 2 • Rating: 6
Michael McBacon
Praise - Marvin Gaye
I've been on a Marvin Gaye kick lately and thought I'd post this song. Enjoy.

1 week, 2 days ago
Views: 596 • Comments: 2
Tweets: 0 • Rating: 2
John Vreeland
John McAfee: ‘I know who hacked Sony Pictures - and it wasn’t North Korea’
"I can guarantee they are wrong. It has to do with a group of hackers - I will not name them - who are civil libertarians and who hate the confinement the restrictions the music industry and the movie ...

1 week, 3 days ago
Views: 962 • Comments: 3
Tweets: 0 • Rating: 3
Lumberhead
Shopping While Black: The Role of Race in Retail
The researchers asked the subjects a series of questions about certain behaviors they had encountered while shopping or advertisements they had noticed, and broke out the results by race. They found that across the board, non-white Americans--and especially black ...

1 week, 3 days ago
Views: 816 • Comments: 8
Tweets: 1 • Rating: 4
Shiplord Kirel
Judge Rules Rocky Ford Police Officer James Ashby Will Stand Trial for Murder in Shooting Death
LA JUNTA, Colo. - A judge ruled Thursday that there is probable cause for Rocky Ford Police Officer James Ashby to stand trial for second-degree murder in the on-duty shooting death of a 27-year-old man. Ashby will be arraigned ...

1 week, 5 days ago
Views: 935 • Comments: 0
Tweets: 16 • Rating: 5
 Frank says:

Interviewer:
The notion of a "guitar solo" has preconceptions based on it; people automatically refute it because it's supposed to be self-indulgent or "for musicians." It's almost like things become iconographic and somehow lose their value for outsiders.

Zappa:
Well, whose fault is that? That's what writers do. Musicians don't do that. The average person doesn't sit around thinking about the "iconographic problems of a guitar solo." -- Interview for Musician magazine, by Matt Resnicoff, November 1991. Reprinted in July 1995 Issue.