The Conservative Cave

Current Events => Breaking News => Topic started by: Chris_ on January 25, 2013, 11:04:46 AM

Title: Appeals Court rules Obama recess appointments unconstitutional
Post by: Chris_ on January 25, 2013, 11:04:46 AM
The U.S. Court of Appeals for the D.C. Circuit on Friday ruled that recess appointments made by President Obama to the National Labor Relations Board were unconstitutional.

"[T]he President made his three appointments to the Board on January 4, 2012, after Congress began a new session on January 3 and while that new session continued," the court wrote in its decision. "Considering the text, history, and structure of the Constitution, these appointments were invalid from their inception."

Politico (http://www.politico.com/politico44/2013/01/appeals-court-rules-obama-recess-appointments-unconsitutional-155226.html?hp=l1)
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: Chris_ on January 25, 2013, 11:05:28 AM
Aw, too bad, Barry.  Better luck next time, shitbag.
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: Freeper on January 25, 2013, 11:06:16 AM
Of course they ruled on this after the election.
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: txradioguy on January 25, 2013, 11:07:01 AM
Now the question is...will he listen to the court and honor the ruling.
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: Freeper on January 25, 2013, 11:08:01 AM
Now the question is...will he listen to the court and honor the ruling.

Need you ask? Or was that rhetorical?
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: txradioguy on January 25, 2013, 11:10:03 AM
Need you ask? Or was that rhetorical?

Yes!  :-)
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: marv on January 25, 2013, 11:28:14 AM
Now the question is...will he listen to the court and honor the ruling.

Of course not. After all, he's the messiah........
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: thundley4 on January 25, 2013, 11:49:13 AM
Now the question is...will he listen to the court and honor the ruling.

The other question, is will this invalidate the rulings that the board has made with these appointments.  IIRC, they made several that were overtly labor friendly and detrimental to both small and big businesses.
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: txradioguy on January 25, 2013, 12:41:39 PM
The other question, is will this invalidate the rulings that the board has made with these appointments.  IIRC, they made several that were overtly labor friendly and detrimental to both small and big businesses.

If this doesn't vacate the rulings entirely...it would be grounds for a re-hearing of the cases that were ruled on illegally.
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: Happy Fun Ball on January 25, 2013, 12:45:17 PM
Now the question is...will he listen to the court and honor the ruling.
Since when has Obama ever let such trivial things like laws or that pesky Constitution ever stand in his way?
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: Dori on January 25, 2013, 12:45:51 PM
Obama's just going to ignore it, so now what happens?  
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: J P Sousa on January 25, 2013, 12:50:02 PM
I'm trying really, really hard NOT to do a comparison to Hitler.  :whistling:
.
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: CG6468 on January 25, 2013, 12:55:03 PM
Is this retroactive?
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: Zeus on January 25, 2013, 12:56:13 PM
Most likely the ruling will go on appeal to the USSC.  If the Supremes uphold the ruling any rules,regs implemented while under either of the 3 are null and void.
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: BEG on January 25, 2013, 01:02:58 PM
Now the question is...will he listen to the court and honor the ruling.

Is that a rhetorical question?
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: BEG on January 25, 2013, 01:03:31 PM
Need you ask? Or was that rhetorical?

You beat me to it.  :tongue:
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: BEG on January 25, 2013, 02:07:16 PM
From Drudge.  :-)

(http://i4.photobucket.com/albums/y131/Foam_Kitty/image-50_zpsfd13f844.jpg)
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: ironhorsedriver on January 25, 2013, 02:26:55 PM
Well, if it stands up in The Supreme Court, how can he defy it? I mean, Isn't he subject to the law just like all of us? At what point would the spineless Congress say enough? I guess we can just say no, not for us on his gun control, Obama care, and anything else we just don't like.
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: Freeper on January 25, 2013, 02:33:22 PM
Well, if it stands up in The Supreme Court, how can he defy it? I mean, Isn't he subject to the law just like all of us? At what point would the spineless Congress say enough? I guess we can just say no, not for us on his gun control, Obama care, and anything else we just don't like.

By the time it gets heard by the SC 0bama will be long gone.
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: DefiantSix on January 25, 2013, 02:49:55 PM
Well, if it stands up in The Supreme Court, how can he defy it? I mean, Isn't he subject to the law just like all of us? At what point would the spineless Congress say enough? I guess we can just say no, not for us on his gun control, Obama care, and anything else we just don't like.

So...

It goes to the Supreme Court, and in an increasingly rare moment of legal coherency they tell Obama to pound sand, the appointments were clearly unconstitutional.

The three Obama cronies are theoretically out on their butts all rules, policy decisions and regulations enacted by these putzes become at the stroke of CJ Roberts' pen null and void, and Dear Leader is back to square one as far as filling those positions.

Except, in an increasingly common fit of petulance, Obama says he ain't turning these fine people out of their offices, and neither John Roberts, nor the entire Congress combined can make him.

Now what?  What enforcement arm can either The legislative or Judicial arms of the government turn to for relief when Dear Leader blatantly stands in full contempt of not just the Congress or the Court, but of the Constitution as a whole?  What can you - as someone who believes in being bound by the law of the land - do to a "pResident" who doesn't care if he provokes a constitutional crisis is now ACTIVELY SEEKING TO PROVOKE A CONSTITUTIONAL CRISIS???
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: DumbAss Tanker on January 25, 2013, 02:54:17 PM
By the time it gets heard by the SC 0bama will be long gone.

Probably a lot quicker than that, but not 'Quick' as anyone but lawyers define it...i.e. probably next year.  They'll ask for an en banc rehearing first, whether that's granted or denied, they'll also ask that implementation be stayed until the case is final (No appeal or appeals and rehearings exhausted by decision or failure to meet time lines), which if denied they'll make an interlocutory appeal about...even filing for the Supreme Court to take the appeal is a long way down the road.  There is a significant chance the rehearing and interlocutory relief will be denied and the Supreme Court will refuse to hear it, which would be sweet.

Jay Cornhole was using the morning presser to expound on what an outrage this was, unprecedented, blah blah blah.  I can't stand that smarmy little shit.
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: txradioguy on January 25, 2013, 03:11:00 PM
And of course the Dems are already blaming Republicans:

In a segment this morning discussing the breaking news that a panel of judges on the Court of Appeals for the District of Columbia unanimously ruled that some of President Obama's recess appointments had been made in an unconstitutional manner, MSNBC's Thomas Roberts turned to network contributor and former Democratic Senate staffer Jimmy Williams for his reaction.

Williams conceded the the court had ruled correctly, but rather than chiding the president for violating his oath of office with unconstitutional appointments, he blamed Senate Republicans for driving Mr. Obama to do so. For his part, Roberts agreed, mumbling "mm hmm" in reply to the ex-lobbyist's partisan swipe:


..."The problem with it is this never would have happened had the Republican senators not been filibustering these Republican nominees to begin with."

http://newsbusters.org/blogs/ken-shepherd/2013/01/25/msnbc-contributor-blames-republicans-obamas-unconstitutional-recess-ap
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: thundley4 on January 25, 2013, 03:16:12 PM
From Drudge.  :-)

(http://i4.photobucket.com/albums/y131/Foam_Kitty/image-50_zpsfd13f844.jpg)

I had to do a double take.  At first that fly looked like a bullet hole.  Cries of terrorist threats against Obama in 3-2-1.....
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: samspade on January 27, 2013, 04:07:09 PM
Obama the constitutional scholar --yeah right.  He gave a couple of talks where he thought it was unfair that black men were not over whites.  He is still hiding his grades and the only ones I have seen  step up for him have been black professors. 

Meanwhile he has worked diligently to undermine the constitution.  Heck he does not even go through the pretext of asking congress anymore.
Title: Blow-back on NLRB appointments
Post by: Skul on February 02, 2013, 09:22:39 AM
A california hospital company refuses to abide by the decission of the stacked NLRB.
Union flings poo.
A Reuters acticle, thus no quote.
http://www.reuters.com/article/2013/02/01/us-nlrb-hospital-idUSBRE91001320130201
Title: Re: Appeals Court rules Obama recess appointments unconstitutional
Post by: rich_t on February 02, 2013, 04:04:40 PM
The NLRB is just one of many federal programs that simply do NOT need to exist.