Last year, Obama appointed three radical union hacks to the National Labor Relations Board to push a pro-union (and pro-Democrat) agenda. Knowing that they would never pass muster with the Senate, Obama declared that the Senate was in “recess” – when it clearly was not – and appointed them anyway, bypassing the constitutionally required vetting process.
Thanks to Mark Levin, a lower D.C. court has now recognized the unilateral appointments as blatant violations of the constitution and separation of powers:
Four days after President Obama pledged to “protect and defend the Constitution,” the U.S. Court of Appeals ruled that he violated that oath in making several appointments last year.
The court said Obama’s three “recess” appointments to the National Labor Relations Board weren’t recess appointments at all, since the Senate was still in session when he made them.
Assuming the Supreme Court upholds the panel’s ruling, all the decisions the board made over the past year will be nullified, since without those three there weren’t enough members on the board to make any rulings at all.
[…] Thankfully, there are still some judges around who see the virtue of protecting and defending our “messy” system, even if Obama and his sycophants don’t.
But the ruling has even broader constitutional significance, with the judges arguing that the president’s recess appointment powers don’t apply to “intra-session” appointments — those made when Congress has left town for a few days or weeks. They said Mr. Obama erred when he said he could claim the power to determine when he could make appointments.
“Allowing the president to define the scope of his own appointments power would eviscerate the Constitution’s separation of powers,” the judges said in their opinion.
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. If the ruling withstands Supreme Court scrutiny, it would dramatically constrain presidents in the future.
And the court ruled that the only vacancies that the president can use his powers on are ones that arise when the Senate is in one of those end-of-session breaks. That would all but eliminate the list of positions the president could fill with his recess powers.
Still, the appointees refuse to step down, and the NLRB appointees are continuing to push forward their agenda as if the ruling never happened:
Mark Gaston Pearce, chairman of the National Labor Relations Board…indicated that the NLRB will attempt to continue on regardless:
The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld. It should be noted that this order applies to only one specific case, Noel Canning, and that similar questions have been raised in more than a dozen cases pending in other courts of appeals.
In the meantime, the Board has important work to do. The parties who come to us seek and expect careful consideration and resolution of their cases, and for that reason, we will continue to perform our statutory duties and issue decisions.
Pearce, in short, is indicating that the NLRB’s strategy is to act as if the court’s ruling that the appointments were unconstitutional somehow only applies only to the particular case that went before the Appeals Court and hope that the White House can get the Supreme Court to quickly review the case.
Constitution? What constitution? Who needs a constitution or the rule of law, anyway?
The NLRB does not get to disagree with a Federal Appeals Court. It has already overstepped its jurisdiction infinite number of times. Its opinion of an Appeal Court ruling is completely irrelevant. It does not get to narrowly define the meaning of that ruling. It does not get to stay in business and declare that it will go on doing exactly what it was doing before because it is confident that the Supreme Court will rule in its favor.
But in ObamaTime that is exactly how it works. Powers are seized and the propaganda press starts screaming that this is the way it should be. Obama unilaterally declares the Senate in recess and appoints union lawyers to the NLRB. The NLRB ignores an Appeals Court ruling and declares it will go on functioning.
The rule of Obama is in direct conflict with the rule of law.