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SCOTUS rules against Obama recess appointments to the NLRB (Original Post) onecaliberal Jun 2014 OP
That's a ruling that will be changed drastically get the red out Jun 2014 #1
Lets hope not yeoman6987 Jun 2014 #2
Oh I'm sure there will be lots more get the red out Jun 2014 #4
No it won't. former9thward Jun 2014 #19
Well most of those appointments by Obama are already out of office so this will affect future lostincalifornia Jun 2014 #3
Really, it doesn't allow for any recess appointments ever again. MohRokTah Jun 2014 #6
That is right they have to have pro forma sessions, and that means the Democrats better get their lostincalifornia Jun 2014 #12
It's what they used to do. Igel Jun 2014 #20
understood lostincalifornia Jun 2014 #23
The ruling effectively kills the recess appointment clause MohRokTah Jun 2014 #5
How do you figure that? B2G Jun 2014 #7
The ruling specifically invalidates appointments during pro forma sessions. MohRokTah Jun 2014 #8
Isn't that exactly what Reid did? B2G Jun 2014 #9
Yep. MohRokTah Jun 2014 #10
There will never onecaliberal Jun 2014 #13
And Dems failed to challenge him Proud Public Servant Jun 2014 #14
That's the way it always goes. onecaliberal Jun 2014 #15
Link? IronGate Jun 2014 #17
I haven't been able to find a link to one. hughee99 Jun 2014 #18
You won't find a link, IronGate Jun 2014 #22
During recesses, sure. Igel Jun 2014 #21
Yes, Reid did the same thing to * to block recess appointments. hughee99 Jun 2014 #11
A rare 9-0 ruling. IronGate Jun 2014 #16
The right ruling, it's a shame Harry Reid didn't go nuclear earlier tritsofme Jun 2014 #24
 

yeoman6987

(14,449 posts)
2. Lets hope not
Thu Jun 26, 2014, 11:11 AM
Jun 2014

I think it ridiculous for any President to recess appointments. And forget about one Senator and Rep going in for 5 minutes and say they are in session. That is the worst. President Bush did that all the time. No more!

former9thward

(31,936 posts)
19. No it won't.
Thu Jun 26, 2014, 11:37 AM
Jun 2014

This was a 9-0 because the Constitution is very specific on this. Obama tried an end run and got slapped down for it.

lostincalifornia

(3,639 posts)
3. Well most of those appointments by Obama are already out of office so this will affect future
Thu Jun 26, 2014, 11:11 AM
Jun 2014

appointments when congress is partially out of session. It still allows for recess appointments if Congress is out of session as I understand it




 

MohRokTah

(15,429 posts)
6. Really, it doesn't allow for any recess appointments ever again.
Thu Jun 26, 2014, 11:13 AM
Jun 2014

All the Senate need do is hold Pro Forma sessions and there is never a recess, ergo, never a recess appointment.

lostincalifornia

(3,639 posts)
12. That is right they have to have pro forma sessions, and that means the Democrats better get their
Thu Jun 26, 2014, 11:29 AM
Jun 2014

act together and do what the repukes have been doing.

That was one of the reasons why they removed the filibuster option for these appointments

Igel

(35,274 posts)
20. It's what they used to do.
Thu Jun 26, 2014, 11:42 AM
Jun 2014

And Senate (D) really popularized the practice. People on DU cheered it at the time. Now, between old-timers with failing memories and new-comers with no memories that's been forgotten.

 

MohRokTah

(15,429 posts)
5. The ruling effectively kills the recess appointment clause
Thu Jun 26, 2014, 11:12 AM
Jun 2014

Deader than a doornail. Gone.

The SCOTUS effectively amended the constitution via majority opinion.

 

MohRokTah

(15,429 posts)
8. The ruling specifically invalidates appointments during pro forma sessions.
Thu Jun 26, 2014, 11:15 AM
Jun 2014

So all the Senate ever needs to do is hold pro forma sessions and no recess ever occurs.

 

MohRokTah

(15,429 posts)
10. Yep.
Thu Jun 26, 2014, 11:26 AM
Jun 2014

Last edited Thu Jun 26, 2014, 11:58 AM - Edit history (1)

Bush made several recess appointments during pro forma sessions.

Edited: I was wrong.

onecaliberal

(32,777 posts)
13. There will never
Thu Jun 26, 2014, 11:31 AM
Jun 2014

be another recess. republicans have figured out yet another way to make sure absolutely NOTHING gets done.

Proud Public Servant

(2,097 posts)
14. And Dems failed to challenge him
Thu Jun 26, 2014, 11:31 AM
Jun 2014

or use proxies to challenge him, as happened here. That's the real lesson.

hughee99

(16,113 posts)
18. I haven't been able to find a link to one.
Thu Jun 26, 2014, 11:36 AM
Jun 2014

Could you please provide some information on this? The name of a candidate, the position that was open, the year that it happened, or anything else to help me narrow my search.

Igel

(35,274 posts)
21. During recesses, sure.
Thu Jun 26, 2014, 11:53 AM
Jun 2014

But I can't find any indication that he made any during a recess less than 10 days long or any when there were pro-forma sessions.

http://assets.opencrs.com/rpts/RL33310_20081103.pdf

hughee99

(16,113 posts)
11. Yes, Reid did the same thing to * to block recess appointments.
Thu Jun 26, 2014, 11:29 AM
Jun 2014

If I remember, * had to wait until the senate went on an actual recess, and Reid didn't let the senate out of session for more than 3 days in *'s last 2 years.

tritsofme

(17,370 posts)
24. The right ruling, it's a shame Harry Reid didn't go nuclear earlier
Thu Jun 26, 2014, 02:18 PM
Jun 2014

If he was going to nuclear anyways, he shouldn't have forced the president's hand in such a way that would so clearly be overturned.

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