Obama Labor Board Pick Ruled Invalid as Case Reversed

[alp227]

Source: Bloomberg News

A National Labor Relations Board decision against a New Jersey nursing home was thrown out by an appeals court that ruled one board member was improperly appointed by President Barack Obama.

The U.S. Constitution’s Recess Appointment Clause refers only to intersession breaks, invalidating one NLRB member’s appointment in 2010 during a 17-day adjournment, the U.S. Court of Appeals panel in Philadelphia said today in a 2-1 ruling.

The NLRB “lacked the requisite number of members to exercise the board’s authority because one panel member was invalidly appointed during an intrasession break,” the appeals court ruled. “We will therefore vacate the board’s orders.”

The appeals court panel is the first to consider the validity of the president’s recess appointment powers since an appeals court panel in Washington ruled Jan. 25 that NLRB appointments last year were “constitutionally invalid.” The Obama administration is awaiting a decision by the U.S. Supreme Court on whether it will hear the Washington case.

Read more: http://www.bloomberg.com/news/2013-05-16/obama-labor-board-pick-ruled-invalid-as-case-reversed.html

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This case: NLRB v. New Vista Nursing and Rehabilitation.

The majority opinion was from judges D. Brooks Smith (GW Bush nominee) and Franklin Stuart Van Antwerpen (GW Bush nominee on senior status).

The dissenting judge: Joseph Greenaway, an Obama nominee who has served since 2010 (and who was born in England...how many other federal judges were born in the UK?)

[Demeter]

1. Now this is the REAL news

Forget Benghazi, the IRS, and all that.

[msongs]

2. amazing how democrats fail to get their nominees to a final vote nt

[Tx4obama]

3. Additional article/info and comments on the link below

In GD here: http://www.democraticunderground.com/10022853175

[mountain grammy]

4. W appointed any political hack he wanted to and our Dems hardly objected.

I remember at the beginning of W's first term, he came out swinging against the fillibuster before anyone was sworn in. Ranting about an "up or down" vote on appointees, and with a few exceptions, that's exactly what he got. We got "heck of a job Brownie" Roberts, Alito and a bunch of political hacks in lifetime judgeships.
How's that lack of fillibuster reform working out for ya, Harry?

[alp227]

6. Hardly objected?

http://en.wikipedia.org/wiki/George_W._Bush_judicial_appointment_controversies

"On October 7, 2004, just prior to the presidential election, Senate Democrats issued a statement complete with statistics arguing that they were not obstructing Bush nominees in any systemic way. [12] Although the included statistics showed that district court candidates nominated by Bush were being confirmed at a higher rate than those similarly situated candidates nominated by Presidents Ronald Reagan and Bill Clinton in their first term, it also showed that Bush's success rate at getting circuit court of appeals nominees confirmed during his first term (67%) was less than those of Reagan (85%) and Clinton (71%)."

[kelliekat44]

5. OK,then let's go back and reverse all those recess appointments b GOP Presidents and the retirement

benefits that go along with those appointments.

[snot]

7. +1!