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Obama’s NLRB Appointments Slapped Down by SCOTUS 9-0

scotus 2014

Back Row: Sonia Sotomayor, Stephen Breyer, Samuel Alito, Elena Kagan Front Row: Clarence Thomas, Antonin Scalia, Chief Justice John Roberts, Anthony Kennedy, Ruth Bader Ginsberg

Hat/Tip to My Way News.

In a stunning rebuke of Presidential powers, the Supreme Court of the United States ruled unanimously that President Barack Obama’s appointments to the National Labor Relations Board in 2012, bypassing Senate confirmation were illegal.

The Supreme Court on Thursday limited the president’s power to fill high-level vacancies with temporary appointments, ruling in favor of Senate Republicans in their partisan clash with President Barack Obama.

The high court’s first-ever case involving the Constitution’s recess appointments clause ended in a unanimous decision holding that Obama’s appointments to the National Labor Relations Board in 2012 without Senate confirmation were illegal. Obama invoked the Constitution’s provision giving the president the power to make temporary appointments when the Senate is in recess.

Problem is, the court said, the Senate was not actually in a formal recess when Obama acted.

Obama had argued that the Senate was on an extended holiday break and that the brief sessions it held every three days — what lawmakers call “pro forma” — were a sham that was intended to prevent him from filling seats on the NLRB.

Even though Obama tried to spin it that the Senate was in recess, they weren’t. He went too far, meddling in how the two Houses of Congress operate, via Constitutional law.

Justice Stephen Breyer said in his majority opinion that a congressional break has to last at least 10 days to be considered a recess under the Constitution.

Neither house of Congress can take more than a three-day break without the consent of the other.

The issue of recess appointments receded in importance after the Senate’s Democratic majority changed the rules to make it harder for Republicans to block confirmation of most Obama appointees.

But the ruling’s impact may be keenly felt by the White House next year if Republicans capture control of the Senate in the November election. The potential importance of the ruling lies in the Senate’s ability to block the confirmation of judges and the leaders of independent agencies like the NLRB. A federal law gives the president the power to appoint acting heads of Cabinet-level departments to keep the government running.

Read more here.

Well, it’s not the end of Obama’s Imperial Presidency, but it IS a step in the right direction. Additionally, all the decisions made by the NLRB since these appointments have been rendered null and void.

King Obama & his two court jesters

King Obama & his two court jesters



  • Yes, a step in the right direction and to think that two of the justices are Obama appointees it kind of shows you how big of a power grab it was.

    • Don King

      Yeah, I’m wondering if there were any phone calls from the White House to those justices afterwards.