NYT: A Court Upholds Republican Chicanery

[babylonsister]

http://www.nytimes.com/2013/01/26/opinion/a-court-upholds-republican-chicanery.html?ref=opinion&_r=0

A Court Upholds Republican Chicanery
Published: January 25, 2013


For most of President Obama’s first term, Republicans used legislative trickery to try to prevent the functioning of two federal agencies they hate, the National Labor Relations Board and the Consumer Financial Protection Bureau. First they would filibuster the president’s nominees to the agencies, knowing that neither agency could operate without board members or a director. Then they would create fake legislative sessions for the Senate during its recess, intended solely to prevent Mr. Obama from making recess appointments as an end run.

Astonishingly, a federal appeals court upheld this strategy on Friday. Mr. Obama had declared that Congress was not really open for business during its one-minute, lights-on-lights-off sessions intended only to thwart him, and he made recess appointments. A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit said his N.L.R.B. appointments were unconstitutional, buying the argument of Republicans that the Senate was really in session.

The court even broke with the presidential practice of 150 years by ruling that only vacancies arising during a narrow recess period qualify for recess appointments.

snip//

The situation demonstrates how dysfunctional Washington has become because of these Republican abuses. Although Democrats also used pro forma sessions for this purpose under President George W. Bush, Republicans have blocked Mr. Obama’s appointments at a far higher rate, and they have gone much further by trying to shut down executive agencies through use of the filibuster.

Democrats could have changed this by agreeing to curb filibuster abuses this week, particularly on high-level presidential appointments, but they squandered the opportunity. The court’s decision demonstrates how their timidity is being used against them. With no sign that Republicans are willing to let up on their machinations, Mr. Obama was entirely justified in using his executive power to keep federal agencies operating.

[octoberlib]

1. K&R!

[daa]

2. I read this morning sorry no link, that John Roberts told Obama to do it. Nt