Supreme Court: Obama Had No Constitutional Authority for NLRB Recess Appointments

The Obama Administration took another hit Thursday when the Supreme Court unanimously ruled that his NLRB recess appointments were lacking in Constitutional Authority. 

The Court ruled that the recess appointment powers of the President were limited to high level vacant positions and those positions could be filled by the President as temporary appointments. 

The Justices rejected Obama's assertions that the Senate was in recess when he made his appointments.  The opinion states:

...we find that the pro forma sessions were sessions for purposes of the Clause. First,
the Senate said it was in session. The Journal of the Senate and the Congressional Record indicate that the Senate convened for a series of twice-weekly “sessions”
from December 20 through January 20. 2011 S. J. 923– 924; 158 Cong. Rec. S1–S11. (The Journal of the Senate for 2012 has not yet been published.) And these reports of
the Senate “must be assumed to speak the truth.” Ballin,
supra, at 4.


Second, the Senate’s rules make clear that during its pro forma sessions, despite its resolution that it would conduct no business, the Senate retained the power to conduct business. During any pro forma session, the Senate could have conducted business simply by passing a
unanimous consent agreement.

The Court also addressed political conflict regarding appointments:

....the Recess Appointments Clause is not designed to overcome serious institutional friction. It simply provides a subsidiary method for appointing offi­cials when the Senate is away during a recess.

This Supreme Court opinion reaffirms a lower court ruling:

we conclude that the Recess Appointments Clause does not give the President the constitutional authority to make the appointments here at issue. Because the Court of
Appeals reached the same ultimate conclusion (though for reasons we reject), its judgment is affirmed.


It is so ordered.

The entire Opinion:

Supreme%20Court%20Opinion%20Obama%20Recess%20Appointments.pdf

by:
Dee Lutz
Administrator
Tea Party Command Center

Views: 619

Reply to This

Replies to This Discussion

What about the validity of rulings during this period when 3 of the 5 board members were invalid appointments? Anyone care to hazard an educated guess?

Jay Sekulow said they were ruled nullified.. he didn't say whether that was specifically ruled in text or is an obvious residual effect.

Justice delayed....is justice denied.....  too little   too late.

Decisions of such magnitude...should be acted on summarily - for any damage done by the

false appointments could add up to total destruction or a degree thereof by the time the Nine (9) act.

This is not even a "hopeful"  plea. 

Finally they do something right for America.

Halleujah! The Supreme Court FINALLY woke up to the Obamas' corruption tactics!

Now it is time that further action takes place in this NLRB issue -

1) FIRE those who illegally held those jobs

2) DEMAND that their pay be reimbursed to the People who were ROBBED by Obama!

3) REVOKE all NLRB decisions in which these illegals took place

4) ARREST and PROSECUTE OBAMA for violating Constitutional Laws involving ABUSE OF POWER!

It has been 5-6+ years of Obamas' violating our Constitutional, legislative and other Procedural Laws through his arrogant and ABUSIVE USE OF Executive privilege and Orders.

Enough is enough - ARREST this TRAITOR!

We need to know the corruption that is real and in our face! I just was at a local store and I was told by the lady at the counter, I should have my azz kicked! She is not a close neighbor but is not far away. I told her my wife is overseas. This was at the counter checking out. She told me she is too far away to do that! Ha.. love our ladies and neighbors! ,,, she is denying what many honorable Americans have gone through when following are immigration laws? Illegals are honorable Americans, legals are sent home and have been for many years! Let us note what Demonocrats want now! Import of those who so not know how we kept our freedoms! They want the foolish!

Keep our freedoms or let the Marxist Muslim supporter and his cronies take them!

Okay....maybe I missed it....so what happens now?

Obama and his larvae could care less what the SCOTUS rules. Nothing will change no matter how much they whine.

Our Marxist run Senate purposely allowed this to happen! They left it open for Barry to act! We need a big increase of Conservatives in the Senate or there will be more treasonous acts by this evil anti-American President! He has done enough already that would take many years to undo!

Exactly, Virgil.  Keep your eyes on the target.  Never waver.  Two targets.  First one and then the other.  2014: 2016. 

BTW, Does anyone have some Band-Aids. BO needs them for hi knuckles.  Silverware table knife handles can be ugly on knuckles.

 Bet every one knows, NOTHING WILL BE DONE. Obama could kill small children ,by biting there heads off ,on TV, with the congress, and supreme court watching. NOTHING WOULD BE DONE.

Never.

RSS

LIGHTER SIDE

 

Political Cartoons by AF Branco

Political Cartoons by Gary VarvelPolitical Cartoons by Tom Stiglich

ALERT ALERT

Judicial Watch->  Emails Show Dossier-Connected Obama State Dept Officials Set ‘Face-To-Face’ Meeting On ‘Russian Matter’ Shortly Before 2016 Election

Judicial Watch and the Daily Caller News Foundation on Thursday released 84 pages of documents showing Obama’s State Department was central to pushing the ‘Trump-Russia’ hoax shortly before the 2016 election.

The email exchange between then-Assistant Secretary of State Victoria Nuland and Special Coordinator for Libya Jonathan Winer, a very close associate to Christopher Steele, show them discussing a ‘face-to-face’ meeting in New York on a ‘Russian matter’ in September of 2016.

Via Judicial Watch:

Judicial Watch and The Daily Caller News Foundation today released 84 pages of documents, including a September 2016 email exchange between then-Assistant Secretary of State Victoria Nuland and Special Coordinator for Libya Jonathan Winer, a close associate of dossier author Christopher Steele, discussing a “face-to-face” meeting on a “Russian matter.”

(In June 2016 Nuland permitted a meeting between Steele and the FBI’s legal attaché in Rome. Nuland told CBS News that the State Department knew about the Steele dossier by July 2016.)

According to an op-ed Winer wrote for The Washington Post in 2018, also in September 2016, “Steele and I met in Washington and discussed the information now known as the “dossier… I prepared a two-page summary and shared it with Nuland, who indicated that, like me, she felt that the secretary of state needed to be made aware of this material.”

A September 17, 2016, email exchange between Nuland and Winer – that was classified in the interest of national defense or foreign policy – discusses the political situation in Libya, but also brings up a “Russian matter:”

From: Winer, Jonathan
Sent: September 17, 2016 at 12:40:00 PM EDT
To: Nuland, Victoria J
Subject: Re: Libya Update

Would like to discuss this and a Russian matter.

From: Nuland, Victoria J
Sent: Saturday, September 17, 2016 1:31 PM
To: Winer, Jonathan
Subject: Re. Libya Update

In ny face to face?

From: Winer, Jonathan
Sent: September 17, 2016 at 1:56:05 PM EDT
To: Nuland, Victoria J
Subject: Re: Libya Update

Yes that was [sic] be good.

From: Nuland, Victoria J
Sent: Saturday, September 17, 2016 1:58 PM
To: Winer, Jonathan
Subject: Re. Libya Update

Good. I’ll reach out when im there Sunday. [Redacted]

If Victoria Nuland’s name sounds familiar it’s because she has been on Judicial Watch’s radar for a long time and in many of TGP’s previous reports.

In December 2018, Judicial Watch released documents revealing that Victoria Nuland was involved in the Obama State Department’s urgent gathering of classified Russia investigation information and disseminating it to members of Congress within hours of Donald Trump taking office.

In a related lawsuit, Judicial Watch is suing the State Department communications between Ambassador Nuland and employees of Fusion GPS, as well as top ranking Department of Justice, FBI, and State Department officials.

“The Obama State Department was central to the effort to target President Trump with the Russia smear,” said Judicial Watch President Tom Fitton. “These new emails further show that senior Obama State Department advanced the Russiagate hoax just before the 2016 presidential election.”

Tom Fitton   @TomFitton
 

BREAKING: Obama State Department was central to the effort to target President @RealDonaldTrump with the Russia smear. New emails show how senior Obama State Department advanced the Russiagate hoax just before the 2016 presidential election.

Embedded video

© 2019   Created by Steve - Ning Creator.   Powered by

Badges  |  Report an Issue  |  Terms of Service