View Full Version : Brother in Law gets his day in Court...The Supreme Court

01-13-2014, 08:56 AM
My Brother in Law was one of the appointments to the NLRB who was blocked by the Republicans, not on his qualifications, but because they are anti labor union. He was briefly appointed as a recess appointment, until that was blocked by a(n) "activist" judge. Now his case has made it to the Supreme Court and the lawyers who are arguing against recess appointments are an interesting lot. Turns out most of them were at one point in time...recess appointments! The irony , the irony!

NYT article here http://www.nytimes.com/2014/01/11/us/politics/role-reversals-emerge-in-fight-against-recess-appointments.html?_r=0


Paul Pless
01-13-2014, 09:01 AM
and the lawyers who are arguing against recess appointments are an interesting lot. lol

Ian McColgin
01-13-2014, 09:13 AM
It's a sort of balance of unoriginal constitutional nonintent. The Founders never meant the senatorial process to be a simple blocking move to prevent the execution of laws duly passed by congress. Nor did the Founders mean the process to be a way for the senate to load presidential appointments with enemies of the administration. Similiarly, the Founders did not mean recess appointments to be a way around the senatorial process.

In a world where the constitutional process has evolved to obstructionism and phoney session, it was inevitable that recess appointment power would evolve as well. If the Supreme Court is faithful to court tradition and not rightwing activist, it will rule that this is a politicial and not a constitutional issue, it will rule that a session with no business except to not look like a recess is infact a recess, and it will let the appointments stand. But this court has an activist majority, so we'll see.