Supreme Court Looks at Obama Recess Appointments


chain O about a supreme court report I
it just occurred to me I should I should have asked if we have
we have time for Delhi yeah aka okay eighty so a I’ll yeah this morning I the
Supreme Court case that we’ve been talking about ahead a time in because
answered no in the US senate district to the DC circuit repeals head to the
NLRB and President Obama’s recess appointments
and Victoria talked about it a little bit army if just to refresh his memory on
that on the fax it it’s arm during one of the
Senate’s recesses which was kinda recessing kinda not a recess
we’ve heard about these pro forma sessions where the community
three days in the gavel in gavel out right back in 2002 going from 2011 to
2012 the Senate was doing this every 3h is coming in in
gambling gambling out doing no business explicitly saying we’re not going to do
any business or the president recess appointed three people to the NRB in after that that appointment those three appointments the NLRB
convened National Labor Relations Board yeah RB issues and decisions and won the what are the losers on all canning are
you one of those rulings Sudan said hey those three appointments
were not constitutional there wasn’t a core money and I’ll RB at
the time the be decision was issued so I’m suing Ian’s in and challenging us in são the
court heard today whether dont I’ll the president’s keanu recess
appoint when the congress isn’t really in recess there is
coming in every three days arm in in Victoria’s reign I’ve been
reading the other counts yet but I would be surprised I it it it would probably a 90 decision I’m
saying I really think because the whole the whole idea of the president being
able to recess appoint somebody rather than a going to the senate was
the the in seventeen eighty-seven when the
Constitution was written me there were long stretches a time when
you couldn’t get a quorum you couldn’t get people from the farther always traits they had a you take six
months off yeah in the a.m it was put in there so the
you could take those six months of it took a long time to get back to DC anyone to the government still function
so the framers said well during those those brakes were
gonna pass the Senate can pass along when they go on recess that power to
recess appointment but only to the internet session right I is because the congress be
unavailable essentially nearly all the justices
adjusters times never speak no just that spoke an ass question seemed it do to indicate
that the unavailability of Congress is now a
myth congress’ always available they can always be in
Washington DC on 24 hours notice you know but as a snowstorm has forty-eight hours
so therefore this a the recess appointee close maybe
just relic minutes unnecessary anymore and bit what’s happening right now is
instead of using this clause because people are unavailable to come vote its
the political I’ll outcomes I try to go around
Congress right now started with reagan sorry reagan your Elsternwick breaking
everything starts with Beckett so the the net net others might be that these
NLRB decisions will be knocked down the other
there dozens of them yeah but then I’ll probably be just
bring re decided now that the president has rushed here is still this it does have an
effect on prior decisions but now that the filibusters been fixed by the Senate by not going forward
because you only need a simple majority in the Senate yeah these nominations
turn at interesting times thank you Shane a
final you’re listening to but Tom Hartman program call 866 987 thon and chain fern is not only our associate
producer but he’s also a news reporter for the talk with a new service for the
Supreme Court 8 actual law school graduate

1 Response

  1. idarusskie says:

    what about the rest of the legal processes Obama has ignored.  part of Obama care foe one.  one example being one not often mention is yucca mountain. it is law that they put waste in yucca mountain. The Obama administration has failed to fund it and the Obama NRC has failed to license it even though it is the law.  The lower courts have ruled that they can no long collect fees from utilities if they are not going to fund this as it is written in law. nuclear waste act of 1982( otherwise known as the screw Nevada act).

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