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:
Tea Party Command Center
Has the Supreme Court really woke up? Don't think so. Not yet. Does not the President have some of his own people in the Supreme Court now?
Thank God the Supreme Court has finally begun to exercise its Constitutional authority. If only now they will strike down the Executive Orders that Obama thinks give him authority to be DICTATOR whenever he thinks he can command the military to obey Martial Law Orders and arrest Congress and the Supreme Court — and all us constitutional conservatives and Tea Party as "enemies of the State" — HIS state!!
NOW MY BIG QUESTION IS: WHAT ARE THEY GOING TO DO ABOUT HIS ILLEGAL APPOINTMENTS ALREADY CRIMINALLY MADE???? ARE THEY GOING TO REPEAL THEM OR WHAT??
It is about time that the Supreme Court makes some sensible decisions. However, the admin probably does not care one way or the other. They will just continue doing their nefarious, illegal activity as usual.
How refreshing...I wonder if the king's Teflon is finally wearing thin.Now how about the stack of other violations of our Constitution...programs and acts that should all be considered null and void ? If only Obama cared what the law states, or how SCOTUS rules.
The GOP is afraid to do anything about anything for fear that the libtards will come out in droves for the midterms.......They need to start doing the right thing --- not sue, IMPEACH !
Another one that the Supreme Court got right! FINALLY! Hope they don't stop here!
Now that the Supreme Court knows how to stand-up against Obama and his ruthless doing as he pleases, the Supreme Court now can abolish the OBC policy and get our beloved country back on track again. I can't see how the Court can continue to back a bill which has changed more then 35 or more times. It's plain to see that the bill passed is not the bill inflicted on the men, women and children of our wonderful country. Obama broke it and he must be impeached and let us get it back to it's original Constitutional rulings.
Muslim Dictator Obama has gone too far too many times! It's going to catch up with him, I hope, very soon!
So, after all this what is the Congress going to do? Will they remove appointees or again cave in to Obama's rules?