SCOTUS Strikes Down Three "Recess" Appointments by President Obama

There was some dismay expressed that Obama would take this to the Supremes. Now it is a done deal with no wiggle room.

What I've missed so far is what happens to the three people appointed and to the decisions made by them. This is very important because the NLB was unable to conduct any business by law as they did not have enough members (because Harry Reid would not act on any Bush nominees). That means that anything and everything that they acted upon should be null and void including telling Boeing that they could not relocate some of their operations to South Carolina.

Good call on this being a circle jerk.

From the article:
"Because the Senate was in session during its pro forma sessions, the president made the recess appointments before us during a break too short to count as recess," said Breyer, the lone justice to have worked for the Senate. "For that reason, the appointments are invalid."

Nothing wrong except the amount of time. None of the many other reasons you cake-boys whine about or couldn't have been more wrong about.

What douche-bags.

What goes around comes around.

What goes around comes around. Originally Posted by i'va biggen

Already did!

Democrats set pro forma sessions to avoid 'special session' on FISA


Fearing a recess appointment by Bush during the Christmas-New Year’s break, the Nevada Democrat [Reid] refused to adjourn the chamber during the whole period, scheduling very, very brief pro forma sessions every couple of days to avoid any such appointments.

Now, House Speaker Nancy Pelosi (D-Calif.) has joined with her Senate colleague, scheduling two pro forma sessions for the House this week so that Bush cannot call Congress back into special session to take up the now-expired Protect America Act, an enhanced surveillance bill that lapsed over the weekend, or the Senate-passed amendments to the Foreign Intelligence Surveillance Act.

http://www.politico.com/blogs/thecry...n_on_FISA.html

This is much ado about nothing.

They had already fixed the so called dispute before the SC ruled.

This is much ado about nothing.

They had already fixed the so called dispute before the SC ruled. Originally Posted by WTF

Every illegitimate decision rendered by these unconstitutional appointees is now open to being challenged in court: much remains "unfixed".

Already did! Originally Posted by I B Hankering

Missed the point as usual IB next president will find he is unable to hire and fire those in his department.

Missed the point as usual IB next president will find he is unable to hire and fire those in his department. Originally Posted by i'va biggen

You're the one that missed the point, Ekim the Inbred Chimp. The dim-retards -- including your butt-buddy Odumbo -- initiated this pro forma tactic, and they have now reaped what they have sown.

Every illegitimate decision rendered by these unconstitutional appointees is now open to being challenged in court: much remains "unfixed". Originally Posted by I B Hankering

Yes that is correct but what I didn't make clear was..... they have fixed the problem of not having nominees filibustered and the recess appointments had been confirmed.



A year and a half after the recess appointments, the Senate confirmed a full slate of NLRB members, as well as Cordray at the CFPB.

http://www.motherjones.com/politics/...a-noel-canning


but you are correct, this could be problematic.

But any vote the NLRB took between the recess appointments and official confirmation can now be challenged under the Supreme Court's logic....

....While he's had an easier time getting his judges and staff confirmed since the Senate went nuclear on the filibuster, Republicans are projected to retake the Senate in the midterm elections. Obama better make sure he gets all of his staff in place before the end of the year if he doesn't want an empty White House as he winds down his final term in office.

You're the one that missed the point, Ekim the Inbred Chimp. The dim-retards -- including your butt-buddy Odumbo -- initiated this pro forma tactic, and they have now reaped what they have sown. Originally Posted by I B Hankering

No chimp dick you missed the point as usual you are just chimp dumb.

I think this makes the 12th time SCOTUS has ruled 9-0 against Obama.

That has got to be a Presidential record !

WTF????

How about the 1,400 decisions handed down by the NRLA?

It is a very big deal....but then again, you don't WTF.

This is much ado about nothing.

They had already fixed the so called dispute before the SC ruled. Originally Posted by WTF

The bigger sham is the Republicans claiming they are in session because they have someone walk into a totally empty chamber, bang the gravel and walk out.

Well if you read the rules the GOP did everything within the law (and apparently Obama was outside the law). When the Senate or House decide to go into recess they vote and inform the other side. That side acknowledges the recess and informs their counterpart that they are in recess. Both sides vote and both sides acknowledge. That is what constitutes a recess. There was no recess and Obama is not a king.

Still my question stands, if those three appointments were invalid what happens to every single decision or regulation made during that time. Who pays the cost, who puts someone back into business?

the definition of dense: The opinion of the 9 SCOTUS members, written by Breyer:

The Senate decides when it is in session. Not the president !

The bigger sham is the Republicans claiming they are in session because they have someone walk into a totally empty chamber, bang the gravel and walk out. Originally Posted by BigLouie