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Posted by on Jan 25, 2013 in Guest Contributor, Politics | 3 comments

Appeals Court: President Obama’s Labor Panel Appointments Unconstitutional

The U.S. Court of Appeals for the D. C. Circuit ruled that President Obama violated the Constitution when he bypassed the Senate to fill vacancies on the National Labor Relations Board last year.

Obama claims he acted properly because the Senate was away for the holidays. But the court says the Senate technically stayed in session when lawmakers gaveled in and out every few days for so-called “pro forma” sessions.

GOP lawmakers used the tactic specifically to prevent Obama from using his recess power to fill vacancies in an agency they claimed was too pro-union. Source

I can hear a steady chorus of Republicans gloating and saying that he is also violating the Constitution on gun control. I may not agree with everything President Obama does, but it is clear that the Republicans do not want to work with him and have stone-walled repeatedly on appointments. The Obama administration is expected to appeal the court’s ruling.

This was cross-posted from The Hinterland Gazette.

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Copyright 2013 The Moderate Voice
  • dduck

    Hmmm, the gaveling argument sounds a little weak.

  • EEllis

    So many technicalities are weak but it was still pretty clear that Obama couldn’t do what he was trying to do. But lets face facts what Obama was trying to do was also a pretty “weak” move. Sure Repubs were blocking nominations. Instead of trying to fight to get the nominations thru or just waiting until the session was over he tried to fill appointments when the Senate went home for the holidays and would be back shortly. Now with this decision there doesn’t even need to be these quick little pro forma sessions, which dems have also used against repub presidents, as the court ruled that the Pres can only make a recess appointment when the senate formally ends its season not just whenever they are away for more than a couple of days.

  • dduck

    Instead of playing these little games, a strong law requiring that appointments be made in a timely fashion should be implemented.

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