The Supreme Court dealt a blow to the Imperial presidency, Thursday, ruling that he exceeded his authority in making recess appointments to the National Labor Relations Board when the Senate was still in (pro-forma) session.
Fox News reported:
In a unanimous decision, the high court sided with Senate Republicans and limited the president’s power to fill high-level vacancies with temporary appointments. It was the first-ever Supreme Court test involving the long-standing practice of presidents naming appointees when the Senate is in recess.
In this case, Obama had argued that the Senate was on an extended holiday break when he filled slots at the NLRB in 2012. He argued the brief sessions it held every three days were a sham that was intended to prevent him from filling the seats.
The court unanimously saw through that paper thin, hypocritical argument.
This means that the appointments made during the period between April 2011 to August 2013 lacked a quorum to enact rules or enforce federal labor law. The Right To Work Foundation has argued that 1,700 decisions made during that time frame would potentially become invalid.
“This is a significant victory for the separation of powers”, the ACLJ’s Jay Sekulow said on Fox News, Thursday morning.
As for the appointees who illegally made decisions for two years, “it’s as if they were never there,” Sekulow said. “The decisions made during that time frame are null and void.”
“What you’ve got is basically a reversal of those decisions because they had no authority to make those decisions in the first place,” Sekulow said.
A note of pessimism via the Washington Times, Sept of 2013:
However, even if the Supreme Court strikes down the recess appointments as unconstitutional, rendering void almost 1,700 rulings as a result, Mr. Obama’s new board majority may try to rubber-stamp all of the outrageous decisions made while the board was operating unconstitutionally.
You see, Mr. Obama just recently installed four new members to the board with the help of weak-kneed Senate Republicans led by Sen. John McCain. This gives former union attorneys a board majority. One of the new members, Nancy Schiffer, a top lawyer for the AFL-CIO union, has testified before Congress in favor of card-check legislation and has a radical view of union organizing similar to Mr. Becker‘s. She has even argued that secret-ballot unionization elections are “inherently coercive.”
U.S. Sen. Ted Cruz, R-Texas, today released the following statement regarding the NLRB v. Noel Canning decision:
“Today, the Supreme Court invalidated President Obama’s unlawful abuse of the President’s recess appointments power. President Obama ignored the plain text of the Constitution and attempted to make unilateral recess appointments—circumventing the checks and balances of confirmation—when the Senate was not, in fact, in recess. Today, a unanimous Court rightly rejected that presidential abuse of power. This marks the twelfth time since January 2012 that the Supreme Court has unanimously rejected the Obama Administration’s calls for greater federal executive power.”