Friday Morning Link Dump | Main | 'Impossible Is Nothing' Aleksey Vayner Dead at 29
January 25, 2013

Obama's Appointment To The NLRB Declared Unconstitutional

You can read the entire decision here. The decision was unanimous.

"[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."

Gabe's analysis:

Short version: individuals, companies, and (unlikely, but possible) unions who don't like any of the NLRB actions after the "recess" appointments can win lawsuits if the NLRB tries to enforce its decrees.

Also, Cordray is likely to face a similar challenge.

More analysis from the AP:

The Obama administration is expected to appeal the decision to the U.S. Supreme Court, but if it stands, it means hundreds of decisions issued by the board over more than a year are invalid. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members.


digg this
posted by BenK at 11:36 AM

| Access Comments




Recent Comments
dagny: "#DNCchecklist is trending on twitter Limit debates ..."

Brother Cavil, down with Eph 6:12-13: "[i]And why is there is a spacedock inside a hollow ..."

josephistan: "296 Star Jones, of whom I've never heard, tweeted ..."

Anna Puma: "Jane D'Oh they probably smell like an OWS camp wit ..."

Zombie Charles de Gaulle: " 287 V the K, Cygnus which had the aesthetics of ..."

free range conservative: "The leak was probably Hillary. Russia puts spyware ..."

WhatWhatWhat?: "Injun Orange, Chinese Cherry, Rayciss and rayc ..."

Adirondack Patriot: " No, not till mid-day. __________________ Typ ..."

Banana Splits Guy: ">>>290 Trump shit all over your house? Posted by: ..."

Jane D'oh: "Can't help but wonder what the crowd outside the D ..."

RM: "Just had a chance to skim over a few of these this ..."

ThunderB: "Let them eat each other ..."

Recent Entries
Search


MuNuvians
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
News/Chat
Archives
Powered by
Movable Type 2.64