Here we go: Senate Republicans to join lawsuit challenging Obama recess appointments

posted at 4:50 pm on February 3, 2012 by Allahpundit

Welcome news on the merits, but I doubt Obama cares much. If he wins, then the Cordray and NLRB appointments are vindicated constitutionally, which will give him political cover to be even bolder with his executive power grabs. If he loses, then instead of whining endlessly on the campaign trail this year about the conservative “do-nothing Congress” (only half of which is controlled by conservatives, of course), he can whine about the conservative “do-nothing Congress” and the conservative courts that are allegedly rubber-stamping their obstructionism. All the more reason to re-elect him and let him appoint more judges.

Which is to say, as in all things Obama, I don’t think he cares half as much about whether these appointments are upheld as whether the politics of it works out for him. And this should work out okay no matter what happens.

Nearly 40 Senate Republicans say they will sign on to a court challenge of President Barack Obama’s appointments to the Consumer Financial Protection Bureau and the National Labor Relations Board…

“American democracy was born out of a rejection of the monarchies of Western Europe, anchored by limited government and separation of powers,” Texas Sen. John Cornyn said in a statement. “We refuse to stand by as this president arrogantly casts aside our Constitution and defies the will of the American people under the election-year guise of defending them.”

The senators didn’t indicate which legal case they would join, but one lawsuit making its way through the courts includes a Jan. 13 claim by the National Federation for Independent Business and the National Right to Work Legal Defense Foundation. It argues that appointments to the labor board are unconstitutional. Sen. Rand Paul (R-Ky.) announced earlier this week that he would join that case.

Here’s a PDF of the signatures. Not among them: Scott Brown, who’s more interested in cozying up to Obama in front of Massachusetts voters than lending his name in defense of separation of powers. Question for con law types: What are the odds that the courts will refuse to rule on this on grounds that it’s a nonjusticiable “political question”? My hunch is that they’ll rule because they’re being asked a straightforward interpretive question about a very specific constitutional clause: Namely, what’s a “recess” for purposes of Article II, Section 2? Whatever definition they lay down won’t necessarily shift power from the legislature to the executive or vice versa as a structural matter, it’ll simply be bright-line guidance for both branches on when the president can and can’t act unilaterally in the future. Michael McConnell, a perennial GOP Supreme Court candidate, also thinks the courts will take up the matter, but I’m interested in dissenting opinions if there are any.


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So why didn’t MA elect Brown’s opponent?

Intrepid767 on February 3, 2012 at 4:53 PM

It’s high noon…do not forsake me…

right2bright on February 3, 2012 at 4:53 PM

Why didn’t they file this the day Obama did the illegal appointment?

HopeHeFails on February 3, 2012 at 4:53 PM

Racists

burrata on February 3, 2012 at 4:53 PM

And while the economy’s improving, too. Republicans: I like the cut of your jib.

The Nerve on February 3, 2012 at 4:53 PM

Scott Brown drives a pickup truck. Why does he drive a pickup truck, because it offers a nice suspension to protect his limp spine from road bumps.

Bishop on February 3, 2012 at 4:53 PM

Took them long enough.

portlandon on February 3, 2012 at 4:53 PM

Did I just see the establishment senators grow a pair? I know there a few good ones in there, but I didn’t expect this. My eyes must be broken.

nobar on February 3, 2012 at 4:54 PM

Bbbbbut we need Brown in the senate. Just think of the horror we’d have with a Dem in there. She might not sign this letter.

Oh wait.

angryed on February 3, 2012 at 4:54 PM

Well if he wins then he has made a precedent that the next Republican president can also use. If he loses we are vindicated.The Democrats need to be careful what they wish for…

sandee on February 3, 2012 at 4:55 PM

???????

Hmmmmmmm.

portlandon on February 3, 2012 at 4:55 PM

Why didn’t they file this the day Obama did the illegal appointment?

HopeHeFails on February 3, 2012 at 4:53 PM

The RNC was too busy creating anti-Newt attack ads to worry about pesky things like illegal appointments. Now that Mitt has won the nomination they can pay lip service to this stuff.

angryed on February 3, 2012 at 4:55 PM

There might be a question of whether the Senate GOPers have standing to bring this as well?

The better person to bring the challenge would be the first payday lender (with funding from some friendly group) to have the actions of the agency overruled due to the failure to follow the statute — not the constitution — that set up the organization to begin with.

EconomicNeocon on February 3, 2012 at 4:56 PM

Well if he wins then he has made a precedent that the next Republican president can also use. If he loses we are vindicated.The Democrats need to be careful what they wish for…

sandee on February 3, 2012 at 4:55 PM

Shirley you jest. Do you really think Willard Romney would ever do this and dare offend Independents/Moderates?

angryed on February 3, 2012 at 4:56 PM

O/T

Just got a call from Senator DeMint. Jim. I call him Jim. *sniff*

Just got off the phone.

Anyhoo, he wanted — his assistant wanted — to tell me about the program where they are working hard to collect campaign funds to fund True Conservative© candidates in the upcoming elections; specifically not liberal Republicans (he actually made an explicit point about that). He listed a half-dozen True Conservative© positions, all of which I agreed with. Basically, he waded right into the recent firefights in the

Why Sarah Palin is right about having a competitive primary season

. . . and . . .

Ten Things You Should Do If You’re An “Anybody But Mitt” Republican

threads.

I just though some of you might want to start wearing ties.

Axe on February 3, 2012 at 4:58 PM

Ok, all you legal beagles out there, explain this to me.

Why does someone with standing have to bring a lawsuit to the Supreme Court to the challenge the Constitutionality of a law, when its black and white, right there in the Constitution?

Using this logic, Congress and then a President could pass a law that says the Executive Branch has authority to make law, and as an option can consult Congress. And it would have the force of law until somebody brought a suit, and then convinced SCOTUS to overturn it.

On its face, it violates the Constitution. As does the non-recess recess appointments.

Why doesn’t the judiciary simply nullify the appointments? Whatever happened to judicial review?

BobMbx on February 3, 2012 at 4:59 PM

Don’t mess with Obama! He is improving our economy.

carbon_footprint on February 3, 2012 at 5:00 PM

Scott Brown drives a pickup truck. Why does he drive a pickup truck, because it offers a nice suspension to protect his limp spine from road bumps.

Bishop on February 3, 2012 at 4:53 PM
=======================
Q: what’s the ONLY difference between RINO TRAITOR scott brown and a d-cRAT socialist?
A: one of them has a pick-up truck.
=======================
Did I just see the establishment senators grow a pair? I know there a few good ones in there, but I didn’t expect this. My eyes must be broken.

nobar on February 3, 2012 at 4:54 PM
=======================
One key characteristic of the ruling-class establishment is that ALL THEY WANT IS POWER FOR THEMSELVES (plus lots of taxpayer money for themselves and to control.)
=======================

TeaPartyNation on February 3, 2012 at 5:01 PM

Don’t mess with Obama! He is improving our economy.

carbon_footprint on February 3, 2012 at 5:00 PM

Yeah, don’t muck it up….

sandee on February 3, 2012 at 5:02 PM

Congress should just pass laws that are deemed to have been signed by the President.

pedestrian on February 3, 2012 at 5:03 PM

and the conservative courts that are allegedly rubber-stamping their obstructionism

Could anyone but the choir believe that?

Axe on February 3, 2012 at 5:04 PM

Just don’t stand in the path between the first person to be adversely ruled on my one of those judges and the steps of the SCOTUS, because it is a sure fire way for fame and fortune for a lawyer to challenge the legitimacy of such a judge.

pedestrian on February 3, 2012 at 5:05 PM

Why does someone with standing have to bring a lawsuit to the Supreme Court to the challenge the Constitutionality of a law, when its black and white, right there in the Constitution?

BobMbx on February 3, 2012 at 4:59 PM

Good question. Why can’t “We the people” take anyone who violates the Constitution to court?

LoganSix on February 3, 2012 at 5:05 PM

Do the unions have enough buses to send crowds of thugs to the homes of 40 GOP senators?

Do your part to help PBHO stop these racist attacks on his lawful power, help SEIU buy a few buses.

Bishop on February 3, 2012 at 5:06 PM

Does anyone think this will be a 5-4 decision? I think at least one of the liberals will switch over.

ninjapirate on February 3, 2012 at 5:07 PM

Shirley you jest. Do you really think Willard Romney would ever do this and dare offend Independents/Moderates?

angryed on February 3, 2012 at 4:56 PM

.
Once Mitt has been elected- He probably won’t be seeking another political office- So….. whats stopping him then ? Obie has set many “executive’ precedents knowing the media will let him get away with the abuse.
.
And after Mitt has been smeared by the media getting there- he will enjoy being on the power end of that stick.
.
Ruthless I tell ya, Ruthless.

FlaMurph on February 3, 2012 at 5:10 PM

Why didn’t they file this the day Obama did the illegal appointment?

HopeHeFails on February 3, 2012 at 4:53 PM

+1

kunegetikos on February 3, 2012 at 5:10 PM

who cares? The do-nothing Congress (particularly the Senate) with no spine is just going through more Kabuki theater! I’m not impressed.

Rand Paul is the only one with credibility.

Pragmatic on February 3, 2012 at 5:12 PM

You know, I bought the domain PrimaryBrown.com, but never did anything with it (it just points to my server). It appears Sen. Brown will have his primary this fall.

beatcanvas on February 3, 2012 at 5:12 PM

Well it’s about bleepin’ time some Republicans challenge him.

Obama’s like a little kid who keeps pushing their parent’s buttons to see how much he can get away with before getting punished.

The days of expressing displeasure with his shenanigans with nothing more than a “sternly written letter” should have passed a long time ago.

Flora Duh on February 3, 2012 at 5:12 PM

Collins signed it? Wow. I know Hagan did not because she’s too busy stroking Harry and I’m sure Burr didn’t because he’s not up for re-election anytime soon…that’s the only time he pops up.

Dingbat63 on February 3, 2012 at 5:17 PM

Speaking of 0bama regime propaganda, time for the republicans to start touting how the economy is improving under their watch. If we are lying about the economy improving the GOP should take credit for it. Look how the unemployment rate has dropped since electing them to the HOR.

jukin3 on February 3, 2012 at 5:17 PM

With Republicans like Scott Brown, Charlie Crist, Lisa Mur-cow-ski, Mitt Romney, the Maine Twins, and many more, who needs DemonRATS?

Raquel Pinkbullet on February 3, 2012 at 5:19 PM

Well if he wins then he has made a precedent that the next Republican president can also use. If he loses we are vindicated.The Democrats need to be careful what they wish for…

sandee on February 3, 2012 at 4:55 PM

Shirley you jest. Do you really think Willard Romney would ever do this and dare offend Independents/Moderates?

angryed on February 3, 2012 at 4:56 PM

Ok, I was waiting for someone else to take it, but it looks like they won’t, so I will.

Don’t call her Shirley!

//

Flora Duh on February 3, 2012 at 5:19 PM

Raquel Pinkbullet on February 3, 2012 at 5:19 PM

.
Think tent.

FlaMurph on February 3, 2012 at 5:21 PM

O/T: Mitt Romney: Registered Democrat

Just what we’re all looking for in a Republican candidate who really really really plans to “govern like a conservative,” should he ever make it to the White House.

Kent18 on February 3, 2012 at 5:21 PM

jukin3 on February 3, 2012 at 5:17 PM

The economy is yesterday’s news. Recess Appointments are the new hotness.

The Nerve on February 3, 2012 at 5:21 PM

Why didn’t they file this the day Obama did the illegal appointment?

HopeHeFails on February 3, 2012 at 4:53 PM

It takes a while for the GOP to generate enough spine tissue to act.

Raquel Pinkbullet on February 3, 2012 at 5:22 PM

Ok, all you legal beagles out there, explain this to me.

Why does someone with standing have to bring a lawsuit to the Supreme Court to the challenge the Constitutionality of a law, when its black and white, right there in the Constitution?

Using this logic, Congress and then a President could pass a law that says the Executive Branch has authority to make law, and as an option can consult Congress. And it would have the force of law until somebody brought a suit, and then convinced SCOTUS to overturn it.

On its face, it violates the Constitution. As does the non-recess recess appointments.

Why doesn’t the judiciary simply nullify the appointments? Whatever happened to judicial review?

BobMbx on February 3, 2012 at 4:59 PM

If the court could just jump into whatever and overrule stuff that could end up badly. Its all fine and good when the court is to the right but think about what would happen if it was to the left. What we have isnt good but it could be alot worse.

Sultanofsham on February 3, 2012 at 5:23 PM

Honestly, I’d prefer they defund the various offices than ask the SC to rule. That’s their weapon.

alwaysfiredup on February 3, 2012 at 5:23 PM

Holy blazing balls of fire! The Senate Republicans are alive!

JellyToast on February 3, 2012 at 5:26 PM

Well it’s about bleepin’ time some Republicans challenge him.

Obama’s like a little kid who keeps pushing their parent’s buttons to see how much he can get away with before getting punished.

The days of expressing displeasure with his shenanigans with nothing more than a “sternly written letter” should have passed a long time ago.

Flora Duh on February 3, 2012 at 5:12 PM

Brava, Flora

Long, long been over. But it isn’t. And won’t.

It’s a sad day in America when the ‘representatives of the people’ don’t represent the people.

jersey taxpayer on February 3, 2012 at 5:26 PM

Is there anyway they can drag Holder into this as well..?

d1carter on February 3, 2012 at 5:27 PM

Why isn’t the GOP hammering Reid for having no budget, at least try to throw Obama’s “do nothing congress” on the Democrats.

MJZZZ on February 3, 2012 at 5:27 PM

Good. I don’t care about any political calculations, it’s the right thing to do. Sooner or later Congress is going to have to stop Obama’s power grabs.

Weight of Glory on February 3, 2012 at 5:27 PM

““We refuse to stand by as this president arrogantly casts aside our Constitution and defies the will of the American people under the election-year guise of defending them.”

After watching Eric Holder yesterday…

… I think we are way past this.

Seven Percent Solution on February 3, 2012 at 5:27 PM

Honestly, I’d prefer they defund the various offices than ask the SC to rule. That’s their weapon.

alwaysfiredup on February 3, 2012 at 5:23 PM

They can’t do that without Senate cooperation. Which they don’t have. They could shut down the government but Obama will just run those departments anyway, while cutting off socialist security and military paychecks. And blame the House for it.

wildcat72 on February 3, 2012 at 5:28 PM

Just got a call from Senator DeMint. Jim. I call him Jim. *sniff*

Just got off the phone.

Anyhoo, he wanted — his assistant wanted — to tell me about the program where they are working hard to collect campaign funds to fund True Conservative© candidates in the upcoming elections; specifically not liberal Republicans (he actually made an explicit point about that). He listed a half-dozen True Conservative© positions, all of which I agreed with. Basically, he waded right into the recent firefights in the

Why Sarah Palin is right about having a competitive primary season

. . . and . . .

Ten Things You Should Do If You’re An “Anybody But Mitt” Republican

threads.

I just though some of you might want to start wearing ties.

Axe on February 3, 2012 at 4:58 PM

Didn’t I just hear that DeMint endorsed Romney?

Night Owl on February 3, 2012 at 5:28 PM

Is there anyway they can drag Holder into this as well..?

d1carter on February 3, 2012 at 5:27 PM

I’m curious if you’ve read the story of Mrs. Terry’s ‘tweet’ to “AG” Holder.

(and, no, I don’t see how)

jersey taxpayer on February 3, 2012 at 5:29 PM

dang repug obstructionists obstructing my dang stuff all the time

DHChron on February 3, 2012 at 5:30 PM

Good question. Why can’t “We the people” take anyone who violates the Constitution to court?

LoganSix on February 3, 2012 at 5:05 PM

We should be able to but it seems that the law is written buy the Lawyers, for the Lawyers, and the rest of us dont really count. Laws should be passed in plain english so we dont have to have lawyers playing games over words but theres as much a chance of that as the tax code being fix so you wouldnt need tax preparers and tax lawyers.

Sultanofsham on February 3, 2012 at 5:31 PM

The court may take it up. But so what? I mean really so what? It will be over a year before any decision is brought, if at all. Obviously I’m in a pessimistic mood today but really. This is as impeachable offense as anything Clinton did. And what do we get, some Senators signing on to a lawsuit that none of them would have brought themselves? And nothing regarding the appointment itself. I think even Senator Byrd would have stood up to this usurpation of legislative power.

Jabez01 on February 3, 2012 at 5:31 PM

I need to run. whoa, Night Owl.

jersey taxpayer on February 3, 2012 at 5:32 PM

O/T: Romney contemplated running as a Democrat in Utah for Bob Bennet’s Senate seat.

http://biggovernment.com/cjohnson/Romney-contemplated-Senate-bid as Democrat/

Raquel Pinkbullet on February 3, 2012 at 5:32 PM

My last post got swallowed.

O/T: Romney contemplated running as a Democrat in Utah for Bob Bennet’s Senate seat.

http://biggovernment.com/cjohnson/Romney-contemplated-Senate-bid-as Democrat/

Raquel Pinkbullet on February 3, 2012 at 5:33 PM

How soon till someone says that challenging our Emperor’s power grabs is RAAAAAAAACIST!?

wildcat72 on February 3, 2012 at 5:34 PM

.

Think tent.

FlaMurph on February 3, 2012 at 5:21 PM

The tent is so big we can even merge the GOP with the Rat party.

Raquel Pinkbullet on February 3, 2012 at 5:35 PM

My hunch is that they’ll rule because they’re being asked a straightforward interpretive question about a very specific constitutional clause: Namely, what’s a “recess” for purposes of Article II, Section 2?

Geez Louise, I hope they don’t answer that question. Just like it isn’t for the presidential branch to define “recess”, it isn’t for the courts either.

I hope they come back with: “It is left to Congress to determine when and when it is not in recess and no other branch of government can determine that because of the doctrine of seperation of co-equal powers.”

PackerBronco on February 3, 2012 at 5:35 PM

How soon till someone says that challenging our Emperor’s power grabs is RAAAAAAAACIST!?

wildcat72 on February 3, 2012 at 5:34 PM

Have you turned on MSDNC yet? I’d say it already happened before AP even put up this thread.

Raquel Pinkbullet on February 3, 2012 at 5:36 PM

Geez! So soon?
They must have thought the saying “SPEED KILLS!” was directed at them or something!

KOOLAID2 on February 3, 2012 at 5:40 PM

O/T: Romney contemplated running as a Democrat in Utah for Bob Bennet’s Senate seat.

http://biggovernment.com/cjohnson/Romney-contemplated-Senate-bid as Democrat/

Raquel Pinkbullet on February 3, 2012 at 5:32 PM

My last post got swallowed.

O/T: Romney contemplated running as a Democrat in Utah for Bob Bennet’s Senate seat.

http://biggovernment.com/cjohnson/Romney-contemplated-Senate-bid-as Democrat/

Raquel Pinkbullet on February 3, 2012 at 5:33 PM

Someone is spitting!

KOOLAID2 on February 3, 2012 at 5:42 PM

Ohhhhh…we are huge racists. It’s all clear to me now.

DHChron on February 3, 2012 at 5:43 PM

Flora Duh on February 3, 2012 at 5:12 PM

Right? I’m thinking a time-out of the most serious variety might be in order here…

affenhauer on February 3, 2012 at 5:44 PM

I am glad to see them sign on, I asked the same question over why they didn’t do this the day of the appointments. May be a stronger court case with the injured parties in the lead and the legislature signing on saying it is a constitutional issue.

WRT Senator Brown, he ran as a republican to stop Obamacare. It should have worked if not for the legislative tricks used to avoid the Senate having to revote on the issue after reconciliation with the House version. Aside from that the Senator has to balance two issues, the issues/preferences of the state he represents and the issues/preferences of the pary he’s a member of. Hate to say it, but I believe the first is his primary job–which is why republicans from liberal states are less reliable on conservative issues than those from largely conservative states. That said, they are A LOT more reliable for supporting conservative issues than a democrat from a liberal state (how often did Sen Kennedy vote with the conservatives?). So, rather than throw him under the bus, we should realize he’s not as conservative as we may like but a far cry better than the alternative.

WhyNot on February 3, 2012 at 5:44 PM

http://biggovernment.com/cjohnson/Romney-contemplated-Senate-bid-as Democrat/

Raquel Pinkbullet on February 3, 2012 at 5:33 PM
Someone is spitting!

KOOLAID2 on February 3, 2012 at 5:42 PM

Was that spit here from a Romney thread or something?
Must be windy!

KOOLAID2 on February 3, 2012 at 5:45 PM

Obama’s like a little kid who keeps pushing their parent’s buttons to see how much he can get away with before getting punished.

Flora Duh on February 3, 2012 at 5:12 PM

..summons up visions of those little brats aggravating the crap out of their mom (and everyone else) in the checkout line at some supermarket. You know, when the mom has finally had enough and starts whipping the kids with her purse strap — to the hidden delight of the other adults.

Kinda hoping that hatchet-asssed metrosexual gets a good whippin’ next November. I ain’t gonna hide schadenfreude.

The War Planner on February 3, 2012 at 5:46 PM

So, rather than throw him under the bus, we should realize he’s not as conservative as we may like but a far cry better than the alternative.

WhyNot on February 3, 2012 at 5:44 PM

..message lost on some of the HG grumblers.

The War Planner on February 3, 2012 at 5:47 PM

Collins signed it? Wow. I know Hagan did not because she’s too busy stroking Harry and I’m sure Burr didn’t because he’s not up for re-election anytime soon…that’s the only time he pops up.

Dingbat63 on February 3, 2012 at 5:17 PM

Susan’s just in a good mood because she finally found a man. Yes, another Beltway Insider will now have his very own RINO Ball and Chain.

On Sunday, the 59-year-old senator became engaged for the first time to Thomas Daffron, chief operating officer of Jefferson Consulting Group, a lobbyist firm in Washington, D.C.

-snip-

Daffron also has been involved in Republican politics for a long time and has served as chief of staff to former Republican senators Bill Cohen of Maine and Fred Thompson of Tennessee. He served as chief of staff to Lisa Murkowski of Alaska, and was the national campaign manager for the presidential campaign of Elizabeth Dole.

Del Dolemonte on February 3, 2012 at 5:49 PM

PackerBronco on February 3, 2012 at 5:35 PM

I left you a comment on this thread and if you have time, would appreciate your reply.

http://hotair.com/archives/2012/01/31/bishops-pledge-to-defy-obama-administration-on-contraception-mandate/

bluefox on February 1, 2012 at 2:21 PM

Thanks!!

bluefox on February 3, 2012 at 5:53 PM

Think tent.

FlaMurph on February 3, 2012 at 5:21 PM

I get it. We small government conservatives have to stand out in the rain while you party inside the big tent.

chemman on February 3, 2012 at 5:55 PM

Why didn’t they file this the day Obama did the illegal appointment?

HopeHeFails on February 3, 2012 at 4:53 PM

The RNC was too busy creating anti-Newt attack ads to worry about pesky things like illegal appointments. Now that Mitt has won the nomination they can pay lip service to this stuff.

angryed on February 3, 2012 at 4:55 PM

Why the long face, ed? Did Newt leave a lump of coal in your Christmas Stocking last week in Florida? He does look just like Santa Claus, though. All he needs is the beard.

The story does not say which one of the several lawsuits the Repubs will join. As I recall none of those were actually filed on the day the appointments were made but the article cites one filed the following week. There was another one filed almost immediately by the Chamber of Commerce as well.

Del Dolemonte on February 3, 2012 at 5:55 PM

Mitt Romney can catch a falling star and put it in his pocket.

csdeven on February 3, 2012 at 5:59 PM

Didn’t I just hear that DeMint endorsed Romney?

Night Owl on February 3, 2012 at 5:28 PM

… but … Jim said …

*scratch*

Axe on February 3, 2012 at 6:01 PM

Bbbbbut we need Brown in the senate. Just think of the horror we’d have with a Dem in there. She might not sign this letter.

Oh wait.

angryed on February 3, 2012 at 4:54 PM

if you recall he WAS 41 votes against ACA. which forced the house to takeup the senate bill rather than the senate move the house’s worse diaster forward. he wasnt a total waste.

t8stlikchkn on February 3, 2012 at 6:02 PM

And while the economy’s improving, too. Republicans: I like the cut of your jib.

The Nerve on February 3, 2012 at 4:53 PM

Yeah, 1.2 MILLION just dropped out of the labor force. Great news, isn’t it?

Get another couple million to drop out and we’ll get that unemployment number down to zero. Won’t that be great?

GarandFan on February 3, 2012 at 6:02 PM

Ok, all you legal beagles out there, explain this to me.

Why does someone with standing have to bring a lawsuit to the Supreme Court to the challenge the Constitutionality of a law, when its black and white, right there in the Constitution?

Using this logic, Congress and then a President could pass a law that says the Executive Branch has authority to make law, and as an option can consult Congress. And it would have the force of law until somebody brought a suit, and then convinced SCOTUS to overturn it.

On its face, it violates the Constitution. As does the non-recess recess appointments.

Why doesn’t the judiciary simply nullify the appointments? Whatever happened to judicial review?

BobMbx on February 3, 2012 at 4:59 PM

Short answer: Per Art. III, federal courts can only rule on actual cases. They can’t rule until someone brings a case before them. This is also why the Supremes don’t issue advisory opinions.

RedMindBlueState on February 3, 2012 at 6:04 PM

Bbbbbut we need Brown in the senate. Just think of the horror we’d have with a Dem in there. She might not sign this letter.

Oh wait.

angryed on February 3, 2012 at 4:54 PM

Brown obviously has a spine of linguini, BUT Elizabeth Warren is a True Believer (TM). We absolutely do not want her to become entrenched in the Senate and placed on important committees if we wish to keep America as a nation that we love.

As far as Brown is concerned, as a MA Republican, he is a preview of what kind of president Mitt Romney will be. Coreless and accommodating to the opposition are the words that come to mind.

onlineanalyst on February 3, 2012 at 6:32 PM

Obama is a stuttering clusterf##k of a miserable failure.

WarEagle01 on February 3, 2012 at 6:34 PM

Which is to say, as in all things Obama, I don’t think he cares half as much about whether these appointments are upheld as whether the politics of it works out for him. And this should work out okay no matter what happens.

Agree. As the lawsuit progresses his proxies can cry racism
Whodda thought Congress would have to file a lawsuit to make a President follow the Constitution.

Impeachment only covers ‘Treason, Bribery, or other high Crimes and Misdemeanors’. Who expected a President to be a common scofflaw?

IMHO this is payback for a tradition of scofflaw. Geo Bush intentionally ignored and impeded border and immigration law, because he did not like it.

Obama is a professional agitator. He can keep the Congress off topic by throwing nails on the highway. Does anyone notice we have no budget? How about a lawsuit on that one?

Every year our seat of government resembles more the Roman Seante at the decline except even now, is anyone certain who is Caesar, and who is his voice?

entagor on February 3, 2012 at 6:36 PM

This is good . . . they must take the fight to him whenever they can and use whatever tools are available.

rplat on February 3, 2012 at 6:36 PM

This is a unilateral POLITICAL punch in the face of Congress by the Executive — the correct POLITICAL response is to bring a gun to a fist fight.

Don’t hold your breath waiting for RINO wimps to grasp that persuasion of power.

Jack Bauer on February 3, 2012 at 6:38 PM

Communist, liar….. what a disgrace. Liberal hero, though. Liberals are morons and the cancer that is eating away at this Republic.

ultracon on February 3, 2012 at 7:29 PM

http://biggovernment.com/cjohnson/Romney-contemplated-Senate-bid-as Democrat/

Raquel Pinkbullet on February 3, 2012 at 5:33 PM

Just think, if Newt had done something like this, Mittens would now be spending a gazillion $$$$ in attack ads against Newt. But since it’s “the most electable Republican ever to run for the presidency, Mitt Romney,” then it’s all good.

Aw, heck. Just another day in Mitten Land, where the sun always shines and unicorns dance and play all the day long.

BTW, that pic on the home page of His Most Liberal Highness gives me nightmares.

GrannyDee on February 3, 2012 at 8:19 PM

I keep getting emails from Scott Brown and his cronies asking for money.

I sent him money and feel I did my part in helping get him elected, Since then he has joined the ranks of the go-along, get-along, making just enough noise to garner some press, usually what a great guy he is in crossing the aisle McCain style.

I’d send him an email with a piece of my mind if I had any teensy thought that any of it would actually get to him, or he’d give a rats’ turd.

In my opinion, he has joined the ranks of the elite, it just took him a little less time than most.

The Tea Party got screwed on this one. He has been absolutely no help to the Conservative cause.

Tenwheeler on February 3, 2012 at 8:42 PM

Do the unions have enough buses to send crowds of thugs to the homes of 40 GOP senators?

Do your part to help PBHO stop these racist attacks on his lawful power, help SEIU buy a few buses.

Bishop on February 3, 2012 at 5:06 PM

Hey….he’s already got a super-fancy, high-tech campaign bus we paid for…..maybe he could lend ‘em that?

Tim_CA on February 3, 2012 at 8:45 PM

Frankly it doesn’t matter a whit…

Say The Supremes rule against Pres. Obama, and he shrugs his shoulders and goes “So what?”

Is there REALLY that many Conservative Republicans in the House to even dare draw up Articles of Impeachment, even if it wasn’t a Election Year?

Even if, we regain Congress (Fair shot, or at least gaining at least 230 in the House & 52 in the Senate), even then I say this:

Does the current crop (Tea Party included) have the WILL to go after this White House now or afterwards, if he wins re-election? Can we look to the Leadership of our party to be willing to make the choice to do this? Because make no mistake,this will be the nastiest bit of politics in the past 100 years.

Do not forget the power of the MSM. These folks are in the satchel for this Administration & his Party. Add in the unprecedented raiding of the Treasury for political profit & MoonBat dreams that have put this country in some hard times.

If you missed the 1970′s, here’s one hell of a acid trip flashback for you to experience.

BlaxPac on February 3, 2012 at 10:13 PM

The Tea Party got screwed on this one. He has been absolutely no help to the Conservative cause.

Tenwheeler on February 3, 2012 at 8:42 PM

I just don’t get this logic. What’s better: running a moderate in Massachusetts who wins and votes with the GOP 60% of the time, or running a conservative who loses to a Democrat who votes with the GOP 1% of the time?

If Brown was from Utah, then I’d say heck yes, primary him, but he’s from a state where 12% of the registered voters are Republicans. I think he’s the best we can do for that seat by a mile.

LukeinNE on February 4, 2012 at 12:34 AM

Frankly it doesn’t matter a whit…

Say The Supremes rule against Pres. Obama, and he shrugs his shoulders and goes “So what?”

*snip*

BlaxPac on February 3, 2012 at 10:13 PM

While I think is not beyond Obama to try, I’d like to think this would get tremendous pushback. I’m thinking this situation would be more akin to Truman and the Steel Mill Seizure, rather than Lincoln and the Civil War, in terms of ability to ignore a Supreme Court ruling. (At least I hope so.)

Throat Wobbler Mangrove on February 4, 2012 at 3:39 PM

My hunch is that they’ll rule because they’re being asked a straightforward interpretive question about a very specific constitutional clause: Namely, what’s a “recess” for purposes of Article II, Section 2?

Actually, AP, I’m not so sure they’ll rule. The infamous Kelo decision turned precisely on the fact that specific definitions of that kind are the province of the legislature, not the judiciary.

In Kelo, the essential definition SCOTUS declined to make was what constituted a proper justification for a public-use taking. The majority opinion pointed out that Connecticut didn’t have a clear definition of that matter, and federal law said nothing that would be controlling. It wasn’t up to the court to interpolate. But, as the majority opinion expressly pointed out, the legislatures had the prerogative to define proper public use for an eminent domain taking, and they were welcome to do so.

I think it’s very possible the court will decide that defining “recess” is a matter for the legislature, and the court isn’t going to read into the law what isn’t explicitly present.

That outcome seems to me to give Obama a political win. Congress can proceed to define “recess” down to a gnat’s gonads, oncluding the Obama Codicil to prevent what Obama did in December, but that will be closing the barn door after the cows have stampeded into the next county.

J.E. Dyer on February 5, 2012 at 12:25 AM