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Old 06-26-2014, 08:08 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, 10:40 AM   #16
HonestChieffan HonestChieffan is offline
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And Lonegenious will have some cool charts and graphs and argue the Supreme Court got it wrong and something
Did anyone abstain?
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Old 06-26-2014, 10:43 AM   #17
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Did anyone abstain?
Only 50% effective.
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Old 06-26-2014, 10:52 AM   #18
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Damn SCOTUs kicked another progressive move in the old nutsack...http://www.bostonglobe.com/metro/201...38dc5be43d9b16.
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Old 06-26-2014, 10:53 AM   #19
HonestChieffan HonestChieffan is offline
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Only 50% effective.
So both people have to abstain? LoneAbstainer needs to get in here
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Old 06-26-2014, 11:15 AM   #20
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Originally Posted by HonestChieffan View Post
Damn SCOTUs kicked another progressive move in the old nutsack...http://www.bostonglobe.com/metro/201...38dc5be43d9b16.
Awesome. I think i'll go buy a case of Ketchup from ALDI's & go make a mess out front of the local fetus removal clinic
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Old 06-26-2014, 11:23 AM   #21
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Boom! Unanimous decision!

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Originally Posted by AustinChief View Post
And yet again... those decisions require the Senate to actually BE IN RECESS. The President doesn't get to just say "nope I don't think you are really in session, I think it's a sham, so I will move forward." It's against the law. Period. Please find a precedent for the President getting to determine when the Senate is in session and when it is in recess. Now, the recent decision takes it two steps further and I wouldn't be surprised to see the Supreme Court ratchet it back slightly... but either way, Obama was dead wrong and his appointments won't stand.
From this thread http://www.chiefsplanet.com/BB/showthread.php?t=269397
where Direckshun showed what a partisan tool he is.
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Old 06-26-2014, 11:30 AM   #22
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This is a MASSIVELY important ruling... what will be interesting will be the coverage it receives from the media.

Will they make it out to be "judicial activism"? Will they cover it at all? No chance it will get covered accurately as a correction of an absolute travesty put forward by Obama's thuggish administration.
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Old 06-26-2014, 12:17 PM   #23
alnorth alnorth is offline
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It might be "massively important" in the abstract, in that we reaffirm the ability of the courts to rein in the president.

But the ruling itself is pretty minor especially now that most nominations can not be filibustered.
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Old 06-26-2014, 12:54 PM   #24
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This was probably a good faith mistake. That Muslim piece of shit who hides behind a Kenyan name that isn't his to use would never knowingly operate as if the law didn't apply to him.
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Old 06-27-2014, 02:53 AM   #25
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Originally Posted by alnorth View Post
So, realistically if the president's party does not control both houses, intra-session recess appointments will probably never happen again.
If the POTUS' opposition in a two party system controls both houses...that seems to me to be a fairly strong indication that the POTUS isn't expressing the will of the people.
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Old 06-27-2014, 09:22 AM   #26
KCFaninSEA KCFaninSEA is offline
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Here is my take on this. Was congress in recess? I believe they were but not technically speaking. Was there a person to come pound the gavel every 3 days and officially make them "open for business", yes. So, who are the real winners and losers? I don't believe there are any winners. Both sides will have to deal with this going forward and it will cause problems for both. The losers are the companies and workers who have been waiting on decisions from the NLRB for years and now will be waiting even longer. Some of these decisions are very important to a lot of people. I know of one specifically.
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Old 06-27-2014, 09:56 AM   #27
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Originally Posted by KCFaninSEA View Post
Here is my take on this. Was congress in recess? I believe they were but not technically speaking. Was there a person to come pound the gavel every 3 days and officially make them "open for business", yes. So, who are the real winners and losers? I don't believe there are any winners. Both sides will have to deal with this going forward and it will cause problems for both. The losers are the companies and workers who have been waiting on decisions from the NLRB for years and now will be waiting even longer. Some of these decisions are very important to a lot of people. I know of one specifically.
Maybe it would help get things moving if Obama worked with Senate Republicans to find acceptable candidates.
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Old 06-27-2014, 09:59 AM   #28
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Maybe it would help get things moving if Obama worked with Senate Republicans to find acceptable candidates.
Or if Senate Republicans worked with Obama to find acceptable candidates.
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Old 06-27-2014, 10:04 AM   #29
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I'm very surprised by the ruling.

If there is anything to be considered a silver lining on this issue, it's that nearly all the NLRB's rulings over the past two years will be reaffirmed anyways.

I think this means we can look forward to pro forma sessions on a near-constant basis.
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Old 06-27-2014, 10:05 AM   #30
Direckshun Direckshun is offline
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Quote:
Originally Posted by AustinChief View Post
Boom! Unanimous decision!

From this thread http://www.chiefsplanet.com/BB/showthread.php?t=269397
where Direckshun showed what a partisan tool he is.
I was predicting, and supporting my predictions with my understanding of policy.

I'm pretty sure we've all been wrong a few times. I'm sure you were on the wrong side of the ruling on the ACA.

Just how it goes.
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