Barack Obama

National Labor Relations Board Will Ask Supreme Court to Uphold Obama's Recess Appointments

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In January a 3-judge panel of United States Court of Appeals for the District of Columbia Circuit found President Barack Obama's three purported recess appointments to the National Labor Relations Board to be unconstitutional because they were not actually made when the Senate was in recess. In response, the NLRB said it "respectfully disagreed" with the D.C. Circuit's ruling and would continue to carry out business as usual because "the President's position in the matter will ultimately be upheld."

Will it? We shall soon find out. Today the NLRB announced that "in consultation with the Department of Justice, [the Board] intends to file a petition for certiorari with the United States Supreme Court for review of that decision."

The Supreme Court is practically guaranteed to take the case. In 2004, the 11th Circuit upheld a similar exercise of the recess appointment power by President George W. Bush. With the circuits split on this major issue, the high court has little choice but to wade in. So prepare for some major legal fireworks over Obama's use of executive power in the coming months.

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  1. my buddy’s aunt makes $64/hour on the computer. She has been out of work for ten months but last month her pay check was $14072 just working on the computer for a few hours. Go to this web site and read more
    http://jump30.com

    1. I hope your buddy’s aunt has kept her union dues current.

      1. Let’s see, 14,072/64.

        By my math, she had to work 219 hours plus.

        Perhaps 219 hours constitutes “just working on the computer for a few hours”.

  2. My daughter likes Recess.

  3. A couple years ago I’d have thought this was a lead pipe cinch to find against the fucking evil, corrupt, shitstain NLRB.

    But, since PENALTAX DERP LOLWUT? I have no confidence in the “high court” to be reliable, consistent or make any fucking sense.

    Therefore – terror.

  4. Gosh, the NLRB is really pioneering some jurisprudence here. Who knew that a litigant could issue their own stay of a court decision pending appeal?

    I’m wondering the Court of Appeals will have the balls to call them on the carpet for this.

    1. In response, the NLRB said it “respectfully disagreed” with the D.C. Circuit’s ruling and would continue to carry out business as usual because “the President’s position in the matter will ultimately be upheld.”

      That’s why I’m going to continue construction on my waterfront home, despite the strongly worded letter from the EPA…

      1. You ought to have R C write the letter to the EPA in your behalf. He could write that “my client’s position in the matter will ultimately be upheld”.

  5. “In 2004, the 11th Circuit upheld a similar exercise of the recess appointment power by President George W. Bush.”

    Similar in what way?

    Was Congress officially in sesseion then or not?

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