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The panel went on to significantly narrow the definition of “recess,” for purposes of the president’s appointment power. The judges held that presidents may invoke their recess appointment power only between formal sessions of Congress – a brief period that usually arises only once a year – rather than during breaks that arise during a session, like lawmakers’ annual August vacations. Two of the three judges also ruled that the president may also only use that power to fill a vacancy that opens during the same recess.
The ruling also called into question nearly 200 years of previous such appointments by administrations across the political spectrum. The executive branch has been making intrasession appointments since 1867 and has been using recess appointments to fill vacancies that opened before a recess since 1823. Among other things, Mr. Elwood noted, it called into question every ruling made by several federal appeals court judges who were installed by recess power.
“You know there are people sitting in prisons around the country who will become very excited when they learn of this ruling,” he said.
NYTs?
The ruling, if not overturned, could paralyze the National Labor Relations Board, an independent agency that oversees labor disputes, because it would lack a quorum without the three Obama appointments in January 2012."
They forget to mention the agency has been "stacked" by Obama to where it's nothing more that an anti-business kangaroo court.
John P. Elwood, administration hack, like who gives a fuck what he thinks?
The judges said presidents’ recess powers only apply after Congress has adjourned a session permanently, which in modern times usually means only at the end of a year.
They forget to mention the agency has been "stacked" by Obama to where it's nothing more that an anti-business kangaroo court.
So a court overturns over 100 years of what has been accepted Presidential authority, and defines for the Senate when they are considered 'in session'
...
And the Vetter isn't screaming "Activist judges!!!!!!!!!!!"
Color me shocked.
Oh so most Republican recess appointments were unconstitutional as well?
Now the minority party will never put the Senate into recess, keeping two Senators in DC over Christmas to meet together in the Starbucks line for 90 seconds. And the filibuster again runs rampant.
Let's pray Harry has the balls to fix this. Otherwise the minority party will have no incentive at all to ever allow the nomination of a judicial or any important post to proceed. Ever.
Obama is a just puppet. The liberal establishment, in fact the radical establishment you could call it now, uses Him as a prop. He's the white liberals marionette, nothing more. That was proven during the first debate, He's just a facade for The System.