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

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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.

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ALERT ALERT

Joe Biden Vows: Give Taxpayer-Funded Obamacare To All Illegal Aliens In U.S.

Former Vice President and 2020 Democrat presidential primary candidate Joe Biden is vowing to give Obamacare, funded by American taxpayers, to all 11 to 22 million illegal aliens living in the United States.

During an interview with Telemundo’s Jose Diaz-Balart, Biden forgot that Obamacare technically bans illegal aliens from enrolling in healthcare plans — although illegal aliens are still able to obtain subsidized and free healthcare at Americans’ expense — and promised that under his plan, all 11 to 22 million illegal aliens would be able to get Obamacare.

The exchange went as follows:

DIAZ-BALART: When I … NBC moderated that first debate with you, I didn’t … I don’t recall a clear answer, under your plan should … would the 11, 12 million undocumented immigrants that live in the United States, that have been here many for generations, would they have access …

BIDEN: Yes.

DIAZ-BALART: — to health insurance.

BIDEN: Yes, they … if they can buy into the system like everybody else.

DIAZ-BALART: Because you know, in [Obamacare] they can’t.

BIDEN: Yeah. Yeah, I know. Well they can, that’s my point. They continue to be able to do that.

DIAN-BALART: They cannot under the ObamaCare.

BIDEN: Well and that’s my point, they will though. They will be able to buy into … [illegal aliens] would be able to buy in, just like anyone else could.

Biden joins Sen. Bernie Sanders (I-VT), Sen. Elizabeth Warren (D-MA), and South Bend, Indiana, Mayor Pete Buttigieg — among other 2020 Democrats — in committing to forcing American taxpayers to pay for healthcare for illegal aliens who arrive in the U.S.

Already, due to loopholes, American taxpayers are spending nearly $20 billion every year to provide illegal aliens with subsidized healthcare, emergency room visits, and other health services.

Under the 2020 Democrats’ plan to provide taxpayer-funded healthcare to all illegal aliens living in the U.S., Americans would be billed potentially $660 billion every decade just to cover the costs. Other research has found that the plan would cost Americans at least $23 billion every year.

As Breitbart News has reported, experts have said that giving taxpayer-funded healthcare to effectively all foreign nationals who can make it to America’s borders would drive “strong incentives for people with serious health problems to enter the country or remain longer than their visas allow in order to get government-funded care.”

Despite 2020 Democrats’ continued push for taxpayer-funded healthcare for illegal aliens, American voters are overwhelmingly opposed to the plan. The latest Wall Street Journal/NBC News survey revealed that the healthcare-for-illegal-aliens plan is the least popular policy position, with opposition from 62 percent of U.S. voters.

Similarly, a CNN poll from July discovered that 63 percent of likely swing voters oppose providing healthcare to illegal aliens, along with nearly 6-in-10 of all likely U.S. voters and 61 percent of moderates. A Rasmussen Reports survey also found that likely voters, by a majority of 55 percent, oppose giving healthcare to even the most low-income illegal aliens.

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