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Old 06-26-2014, 09:08 AM  
alnorth alnorth is offline
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OBama loses on recess appointments case

Obama has lost on the NLRB case. Breyer wrote the opinion. Unanimous, with a concurring opinion.

Recess appointments can be made during a intra-session recess, so the most extreme case has been avoided. (some people believe recess appointments can only be made between congresses which would make most recess appointments in our history illegal. The court said no to that) Also, the vacancy does not have to occur during a recess, which was the other ridiculous argument some people made.

However, the court has ruled that a 3-day recess is too short (and so therefore they also ruled that the pro-forma sessions were real sessions, and not bullshit). They do not spell out precisely how long a recess has to be, only that 3 days is too short, and 10 days would have probably been long enough for a recess appointment.
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Old 06-26-2014, 09:14 AM   #2
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Holy smokes, check out the appendix in that opinion. Breyer wrote out every single recess appointment in the entire history of the US.
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Old 06-26-2014, 09:15 AM   #3
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Well, if it's unanimous I'm not going to argue much, but those pro forma sessions seemed, errr, unusual.

The entire topic was not one that excited me overmuch. The real lesson here is that the government in DC is so dysfunctional we need to litigate this...
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Old 06-26-2014, 09:15 AM   #4
Amnorix Amnorix is offline
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Quote:
Originally Posted by alnorth View Post
Holy smokes, check out the appendix in that opinion. some poor bastard of a clerk working for Breyer wrote out every single recess appointment in the entire history of the US.

FYP
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Old 06-26-2014, 09:18 AM   #5
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Actually this probably captures it about right, so yeah, I can definitely see it.

Quote:
But recent presidents have used the recess appointment power to make an end run around a Senate that refused to confirm controversial nominees. That use of the power is all but dead.
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Old 06-26-2014, 09:18 AM   #6
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Scalia technically concurs only because Obama lost, but he would have gone a hell of a lot farther. Scalia actually believes recess appointments can only be made between congresses. His concurrence is joined by Roberts, Thomas, and Alito.

So the seemingly "nutty" idea that you can only fill a recess between congresses lost narrowly by one vote. (Kennedy)
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Old 06-26-2014, 09:21 AM   #7
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So, realistically if the president's party does not control both houses, intra-session recess appointments will probably never happen again.
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Old 06-26-2014, 09:46 AM   #8
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Headline should be: SCOTUS Rules Unanimously that Obama Ignores Constitution
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Old 06-26-2014, 10:15 AM   #9
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Direkshun will be along soon to post an article showing that this ruling is a win for Obama
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Old 06-26-2014, 10:46 AM   #10
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Originally Posted by patteeu View Post
Headline should be: SCOTUS Rules Unanimously that Obama Ignores Constitution
Dog bites man is not a headline.
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Old 06-26-2014, 10:52 AM   #11
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Dog bites man is not a headline.
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Old 06-26-2014, 11:16 AM   #12
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Direkshun will be along soon to post an article showing that this ruling is a win for Obama
It's just the shot in the arm Obama needed...
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Old 06-26-2014, 11:29 AM   #13
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The will of the people was for Obama to rule. SCOTUS had spit in the face of all free men.
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Old 06-26-2014, 11:34 AM   #14
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Direkshun will be along soon to post an article showing that this ruling is a win for Obama
And Lonegenious will have some cool charts and graphs and argue the Supreme Court got it wrong and something
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Old 06-26-2014, 11:36 AM   #15
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And Lonegenious will have some cool charts and graphs and argue the Supreme Court got it wrong and something
And edit their grammar.
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