Appeals court unanimously rebukes Obama on recess appointments; Update: Most recess appointments no longer legit?

posted at 11:31 am on January 25, 2013 by Ed Morrissey

It took more than a year, but a federal appeals court has finally caught up with Barack Obama and his unilateral declaration of a Congressional recess.  In an embarrassing rebuke, the DC Circuit Court of Appeals ruled that Obama violated the Constitution by making appointments while the Senate considered itself in session:

President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel, a federal appeals court panel ruled Friday.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said that Obama did not have the power to make three recess appointments last year to the National Labor Relations Board.

And as the AP also points out, the decision was unanimous … and embarrassing:

The unanimous decision is an embarrassing setback for the president, who made the appointments after Senate Republicans spent months blocking his choices for an agency they contended was biased in favor of unions.

The ruling means that a full year of work from the NLRB will go down the tubes, if the Supreme Court upholds this ruling.  The three appointments allowed the panel to form the quorum necessary to pass decisions.  Now every ruling made by the NLRB will be delegitimized as soon as those harmed by the rulings take this into court.  What a mess — and an unnecessary mess at that:

The Obama administration is expected to appeal the decision to the U.S. Supreme Court, but if it stands, it means hundreds of decisions issued by the board over more than a year are invalid. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members.

It wasn’t just the three appointments to the NLRB, either.  Obama appointed Richard Cordray to head the new Consumer Financial Protection Bureau, whose appointment ran out when the 112th Session of Congress expired earlier this month.  The appointment is being challenged in a separate case but in the same circuit, which means we can expect a similar ruling.  Obama re-nominated Cordray to the post yesterday:

Four days into his second term, President Obama renewed a fight from his first term when he renominated Richard Cordray for head of the Consumer Financial Protection Bureau.

At a news conference this afternoon, Obama announced he was throwing Cordray, the man currently serving in the post thanks to a recess appointment, into the ring as his pick to direct the government-run financial watchdog.

“He can’t stay on the job unless the Senate finally gives him the confirmation he deserves,” Obama said.

The court ruling gives Senate Republicans more than enough political cover to proclaim Cordray’s nomination entirely inappropriate, and start working to block it.  And now that the Senate has resolved the filibuster-reform fight with it largely intact, expect them to use it on Cordray as best as they can.

Update: It’s also worth pointing out what a monumental screw-up this was from a historical perspective.  No one has provoked the legislature (and others) to fight over recess appointments in the courts, which meant that the executive branch had considerable gray area in which to operate, at least politically.  No more, if this precedent stands; future Presidents (and the present one) will now be at the Senate’s mercy.

That’s also true of Obama’s decision to invoke executive privilege on behalf of Eric Holder in Operation Fast & Furious.  It will be interesting to see whether the White House wants to press its luck on that score after losing so badly on the recess appointments.

Update II: To underscore the point I was making in the previous update, take a look at pages 17-18 in the opinion.  Not only did Obama unconstitutionally arrogate to himself the ability to determine when the Senate is in session, the court now holds that the appointment power exists only in the formal Recess between sessions:

The appointment may be made in “the Recess,” but it  ends  at  the  end  of  the  next  “Session.”  The  natural interpretation of the Clause is that the Constitution is noting a difference between “the Recess” and the “Session.”  Either the Senate is in session, or it is in the recess.  If it has broken for three days within an ongoing session, it is not in “the Recess.”

It is universally accepted that “Session” here refers to the  usually two  or  sometimes  three sessions  per  Congress. Therefore,  “the Recess” should be taken to mean only times when the Senate is not in one of those sessions.

Not only that, but the court also ruled that the vacancies had to arise during The Recess as well (page 23):

To avoid government paralysis in those long periods when senators were unable to provide  advice and  consent,  the  Framers  established  the “auxiliary” method of recess appointments.  But they put strict limits  on this  method,  requiring that  the  relevant  vacancies happen during “the Recess.”  It would have made little sense to extend this “auxiliary” method to any intrasession break, for the “auxiliary”  ability to make recess  appointments  could  easily swallow  the  “general”  route  of  advice and  consent.  The President could simply wait until the Senate took an intrasession break  to make  appointments,  and  thus  “advice  and  consent” would hardly restrain his appointment choices at all.

Wow.  If this stands, the recess appointment will all but disappear — and future Presidents can thank Obama for screwing that up for them.


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Abuse of power? Yah don’t say….

katy on January 25, 2013 at 11:33 AM

Bummer :)

gophergirl on January 25, 2013 at 11:33 AM

Federal Appeals Court sends Obama a big “First Union

This should screw-up every meeting, every decision that has been made for about the last year (i.e. total chaos).

J_Crater on January 25, 2013 at 11:33 AM

But, but, but he’s a light worker and a constitutional scholar! We knows this because the media says so!

jawkneemusic on January 25, 2013 at 11:35 AM

But, but, but…CONSTITUTIONAL LAW PROFESSOR and SMARTEST PREZEY EVAH!

CJ on January 25, 2013 at 11:36 AM

Mark Levin made the point that much of What Obama does, Obama knows is unconstitutional but he knows he can play this game of ‘catch me if you can’ because it takes time to catch up in the courts.

jawkneemusic on January 25, 2013 at 11:37 AM

Make them pay back their salaries.

J_Crater on January 25, 2013 at 11:37 AM

High crimes and misdemeanors..?

d1carter on January 25, 2013 at 11:37 AM

Wow, this is a major defeat for Obama. This is the first thing that’s really gone right for us since the election.

Doomberg on January 25, 2013 at 11:37 AM

Maybe Roberts will decide that the in-session Senate was actually in recess after all making his appointments legal.

DrAllecon on January 25, 2013 at 11:38 AM

Hm.

Seems to be some graduates of the University of Chicago Law School might want to seek a refund. Apparently, a previously employed professor of constitutional law was unqualified … to find his arse with both hands and a map.

M240H on January 25, 2013 at 11:38 AM

The sad part…it was obvious, so obvious…and all these brilliant journalists had no idea.

Sad because the office of the President is used by this president as just a way to by-pass the constitution.

Some “constitutional” attorney he said he is, and never was…

right2bright on January 25, 2013 at 11:39 AM

Lololololol

Lsm outrage in 5…4….3…

cmsinaz on January 25, 2013 at 11:39 AM

This is great and all, but it’s a bit like arresting an intruder that just robbed you blind, shot your dog and raped your wife…for trespassing.

Excuse me if I don’t get all warm and fuzzy over this one ruling that I’m sure he’ll find a way to skirt around anyway.

Meople on January 25, 2013 at 11:39 AM

The only Court Obama respects is the Basketball court.

portlandon on January 25, 2013 at 11:39 AM

Great job by Mark Levin and the Landark Foundation for helping to spear this legal fight. Score one for the Constitution!!

cdog0613 on January 25, 2013 at 11:40 AM

Wow. Someone stood up to Obama and he lost.

Is the GOP watching? Obama isn’t a god after all.

JellyToast on January 25, 2013 at 11:40 AM

Heart-ache.

American worker – 1
Andy Stern’s purple people beaters – 0

Good Lt on January 25, 2013 at 11:41 AM

Going to the supreme court?

Roberts has Obama’s back
*sigh*

cmsinaz on January 25, 2013 at 11:41 AM

So what happens if Obama just says.. screw the court. I won. They stay. I just deemed it so.

JellyToast on January 25, 2013 at 11:41 AM

M240H on January 25, 2013 at 11:38 AM

also unqualified to pour p*ss out of a boot with the instructions on the heel…

conservative tarheel on January 25, 2013 at 11:42 AM

Mark Levin made the point that much of What Obama does, Obama knows is unconstitutional but he knows he can play this game of ‘catch me if you can’ because it takes time to catch up in the courts.

jawkneemusic on January 25, 2013 at 11:37 AM

And he is correct, in the past the media has led the attack, but this group sits on their hands knowing that much of what he does is unconstitutional, and knowing that unless it’s reported on the average citizen doesn’t care.

The journalists learned from Clinton, circle the wagon’s and they can protect the office…and from Watergate, attack, attack, attack, and they can destroy.

right2bright on January 25, 2013 at 11:42 AM

Roberts will get confused and rule it a tax.

docflash on January 25, 2013 at 11:43 AM

oops–meant Landmark

cdog0613 on January 25, 2013 at 11:43 AM

Roberts: It is an appointment tax and constitutional.

farright on January 25, 2013 at 11:43 AM

So the Con Law Prof has been ruled Uncon….schadenfreudeilicious!!

hillsoftx on January 25, 2013 at 11:44 AM

PWNED!

WestTexasBirdDog on January 25, 2013 at 11:44 AM

So what happens if Obama just says.. screw the court. I won. They stay. I just deemed it so.

JellyToast on January 25, 2013 at 11:41 AM

They can stay but all the efforts are to no avail…the past rulings by the board can’t be enforced.

That’s the chaos…

right2bright on January 25, 2013 at 11:44 AM

It is sad to see that racism is still rampant in AmeriKKKa.

CorporatePiggy on January 25, 2013 at 11:44 AM

We should also take note of the fact that AP reported this story well. Compliments to them for once.

EricW on January 25, 2013 at 11:44 AM

SCOTUS will overturn this rebuke of Obama superpowers. The wise Latina is on the job.

philw1776 on January 25, 2013 at 11:44 AM

Maybe Roberts will decide that the in-session Senate was actually in recess after all making his appointments legal.

DrAllecon on January 25, 2013 at 11:38 AM

Or he’ll just find that a recess appointment made when the Senate is not in recess is a tax and deem it Constitutional.

Bitter Clinger on January 25, 2013 at 11:44 AM

What difference does it make?

The Constitution’s, like, over a hundred years old.

Good Lt on January 25, 2013 at 11:45 AM

Now this is a Friday dump I LOVE! Good for the court for their ruling. bho IS NOT going to be happy and it probably won’t be long till holder sticks his nose in this?

This is a start on the numerous unconstitutional things bho has done!
L

letget on January 25, 2013 at 11:46 AM

The court’s decision is a victory for Republicans…

Typical MSM garbage…this is a victory for America, when something is found to be unconstitutional, America wins, not just one group.

When you stop a government official (this case the president) from being unlawful, that’s a victory for all…

right2bright on January 25, 2013 at 11:47 AM

Maybe he can declare SCOTUS not in session and claim a defacto victory on the legal front?

ButterflyDragon on January 25, 2013 at 11:47 AM

Maybe, just maybe a small opening in the door has opened that displays the ugly Obama’s power grab against the Constitution that he is sworn in to uphold! What options are available to use against a President who abuses the power of a President against the American citizens? Most corrupt administration in American history.

karlinsync on January 25, 2013 at 11:48 AM

We should also take note of the fact that AP reported this story well. Compliments to them for once.

EricW on January 25, 2013 at 11:44 AM

Read it again, they “reported it” but then everyone will eventually report it, but they slanted it towards a victory for Republican’s and big business, when it is a victory for American justice.

right2bright on January 25, 2013 at 11:48 AM

He’ll find a way around it. This is no setback for him at all.

bernzright777 on January 25, 2013 at 11:48 AM

It’s not embarrassing to him in the least. Why would it be if the media doesn’t report it? That’s the whole point — this man’s blanket absolution and invincibility shield. He shrugs and moves on.

rrpjr on January 25, 2013 at 11:48 AM

Eyyyyy Justice Roberts… Robbie… Rob… How’s it hang, Broseph. Gonna need a little help again this summer. Appeals court bustin’ my balls over here. Remember ol’ times, me flouting the Constitution and you covering for me with twisted irrational legal reasoning? Let’s do this again, you crazy “Republican” you.

Gingotts on January 25, 2013 at 11:49 AM

Wonder if the ‘fly’ on bho’s face yesterday was telling him bad news was coming for him soon?
L

letget on January 25, 2013 at 11:49 AM

First time I’ve smiled in a long time whilst watching the shenanigans of this administration!!!

Portlandon……….well said. LOL

CoffeeLover on January 25, 2013 at 11:49 AM

What difference does it make?

The Constitution’s, like, over a hundred years old.

Good Lt on January 25, 2013 at 11:45 AM

The Constitution was written on paper made from slaves!!11!!

-Lib4life

portlandon on January 25, 2013 at 11:49 AM

I’m gonna enjoy it. God news is too hard to find lately.

KCB on January 25, 2013 at 11:50 AM

It is sad to see that racism is still rampant in AmeriKKKa.

CorporatePiggy on January 25, 2013 at 11:44 AM

Why so glum, chum? Somebody run over your Prius with a swamp buggy?

M240H on January 25, 2013 at 11:51 AM

Bark appointed people all the time when he was preznit of the Harvard Law review and no one cared then, why do they now…unless they’re racist homogenist bigots.

Bishop on January 25, 2013 at 11:51 AM

Roberts will get confused and rule it a tax.

docflash on January 25, 2013 at 11:43 AM

Thanks for the giggle, though it’s kinda infuriating upon further reflection…

Fallon on January 25, 2013 at 11:51 AM

“Obooba’s chickens…. comin’ home… to roost…” -Buck Ofama (R-Pennsyltucky)

Akzed on January 25, 2013 at 11:52 AM

This doesn’t only apply to the NLRB ..

The judges signaled the power only applies after Congress has adjourned sine die, which is a legislative term of art that signals the end to a long work period. In modern times, it means the president could only use his [recess appointment] powers when Congress quits business at the end of a year.

J_Crater on January 25, 2013 at 11:53 AM

Exit question: Will The Chosen One actually be stupid enough to run to SCOTUS for an appeal?

GarandFan on January 25, 2013 at 11:54 AM

For everyone worrying about Roberts joining the liberals, chill out. Kagan has to recuse herself because of her legal opinion as Solicitor General on this very issue. Since the DC Circuit ruled against the Administration, a 4-4 tie at SCOTUS upholds the DC Circuit’s ruling. Therefore, the administration needs 2 of the conservatives (I’ll include Kennedy in this group) to get the ruling overturned.

blammm on January 25, 2013 at 11:55 AM

Damn peasants.

beatcanvas on January 25, 2013 at 11:55 AM

Exit question: Will The Chosen One actually be stupid enough to run to SCOTUS for an appeal?

YES, that would give bho lots and lots of stall time?
L

letget on January 25, 2013 at 11:56 AM

What were the names of these Activist Judges, and who appointed them?

Del Dolemonte on January 25, 2013 at 11:56 AM

Exit question: Will The Chosen One actually be stupid enough to run to SCOTUS for an appeal?

GarandFan on January 25, 2013 at 11:54 AM

I hope he does. Let’s see the frauds on the Court like Kagan and the Wise Latina explain how a recess appointment counts when the Senate is NOT in recess.

Bitter Clinger on January 25, 2013 at 11:57 AM

Why so glum, chum? Somebody run over your Prius with a swamp buggy?

M240H on January 25, 2013 at 11:51 AM

Just waiting for the chickens
To come home
To roost.

CorporatePiggy on January 25, 2013 at 11:57 AM

It’s funny how long it takes much of the MSM to post this. It finally appeared on WaPo but nothing on three major networks even now. On NBC there’s room for “Lesbian Army wife named Fort Bragg’s ‘spouse of the year’”.

They’re trying to get their act together as to the spin. It’s a challenge, given the Prez is a “constitutional law professor” and “smartest man ever.”

Spinning it as a partisan victory for Republicans and business interests, as AP tries in the last paragraph, isn’t adequate.

Time to dig up dirt on all three judges.

Drained Brain on January 25, 2013 at 11:58 AM

I think that fly was one of his evil helpers bringing him the news.

contrarian on January 25, 2013 at 11:59 AM

Alternate Headline:

Harvard Educated Constitutional Law Professor Violates Constitution.

weaselyone on January 25, 2013 at 11:59 AM

YET ANOTHER VIOLATION OF THE U.S. CONSTITUTION?!

What a d@mn surprise….this coming from a self-professed ‘Constitutional scholar’….

HOW MANY TIMES WILL THE GOP / AMERICANS ALLOW THIS MAN TO VIOLATE THE CONSTITUTION / U.S. LAW WITHOUT CALLING FOR HIS IMPEACHMENT?!

Perhaps it should be MANDATORY for all would-be Presidential Candidates to pass a TEST on our Constitution/Law before being allowed to proceed……

Perhaps we should pass a ’3 Strikes’ Rule/Law for Presidents….The 3rd Violation of the Constitution / Law means IMMEDIATE / AUTOMATIC IMPEACHMENT – no going before (a highly partisan) Congress?!

easyt65 on January 25, 2013 at 12:00 PM

Wonder if the ‘fly’ on bho’s face yesterday was telling him bad news was coming for him soon?
L

letget on January 25, 2013 at 11:49 AM

Ba’al Zebub means Lord of the Flies i.e. he’s a piece of s–t that attracts flies. Coincidence? You decide.

Fenris on January 25, 2013 at 12:01 PM

Like the State Dept officials in the Benghazi scandal who are still on the payroll…this ruling won’t change a thing.

One day soon, all of DC will become irrelevant and the states will be king.

katy on January 25, 2013 at 12:02 PM

For everyone worrying about Roberts joining the liberals, chill out. Kagan has to recuse herself because of her legal opinion as Solicitor General on this very issue. Since the DC Circuit ruled against the Administration, a 4-4 tie at SCOTUS upholds the DC Circuit’s ruling. Therefore, the administration needs 2 of the conservatives (I’ll include Kennedy in this group) to get the ruling overturned.

blammm on January 25, 2013 at 11:55 AM

That’s not going to stop them from appealing it and rolling the dice.

If ObamaTax can be weaseled through, no reason this can’t also.

Meople on January 25, 2013 at 12:02 PM

C-BS Radio “News” buried this story in their 12 noon (ET) broadcast. It came next to last.

Del Dolemonte on January 25, 2013 at 12:03 PM

He’s a decent, family man, citizen that I just happen to have disagreements with on fundamental issues…

Mr. Arrogant on January 25, 2013 at 12:04 PM

He also “recess appointed” Richard Corday to be the Director of the new Consumer Financial Protection Bureau.

What is very important to know is, if the court follows the precedent set by the Supreme Court in New Process Steel v. NLRB, 130 S. Ct. 2635 (2010), then ALL of the rules, regulations, and decisions of the NLRB since the unconstitutional appointments WILL BE RENDERED NULL AND VOID.

The same would be true of those made by Corday at the Consumer Financial Protection Bureau.

Can you hear the screams? That’s RAAAAAAAAAACIST!

Resist We Much on January 25, 2013 at 12:05 PM

Recall this is the same board that allowed the TSA to unionize thus creating the largest public employee union (read democrat tax funded campaign finance stream) in the nation I believe.

DanMan on January 25, 2013 at 12:05 PM

crickets chirping on msdnc

its all ‘bash the nra’ right now…

cmsinaz on January 25, 2013 at 12:06 PM

C-BS Radio “News” buried this story in their 12 noon (ET) broadcast. It came next to last.

Del Dolemonte on January 25, 2013 at 12:03 PM

“All the news that’s fit to bury or outright ignore.”

Bitter Clinger on January 25, 2013 at 12:06 PM

The American laws are very poorly crafted. Try to rob a bank and, when the judge finds you guilty, smile, say “Sorry, here’s the money” and walk out. But that’s exactly what will happen to Obama. There will be neither repercussions nor penalties for his wanton violation of the Constitution. He won’t even have to pay the appointee’s salary back; moreover, all regulations signed by the appointee will likely remain in force. There will be no public shame because newspapers will conveniently omit or bury the news line. Then, what is Obama’s incentive not to break the law next time? Perhaps that’s why most twenty-first century tyrants happily rule until their death day – because people let courts do the job their pitchforks should.

Archivarix on January 25, 2013 at 12:06 PM

Regarding Cordray, it probably means that all of the work (and possibly appointments of staff) of the CFPB are illegal, since the first head of the agency needed to be in place before the agency could operate. Unbelievable arrogance and stupidity. The CFPB statute will now probably have to be renegotiated to get a new head, with Republicans aiming at congressional budget authority over the agency.

A.S.R. on January 25, 2013 at 12:07 PM

That’s not going to stop them from appealing it and rolling the dice.

If ObamaTax can be weaseled through, no reason this can’t also.

Meople on January 25, 2013 at 12:02 PM

It probably won’t – 0dumba has already lost numerous SC cases by unanimous decisions, why not go for another one! :D

Anti-Control on January 25, 2013 at 12:07 PM

President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel, a federal appeals court panel ruled Friday.

And his violation was not an oversight nor a misunderstanding. It was willful, and you can throw in a conspiracy charge to include Harry Reid.

Now, apply that to oath of office. “Preserve, protect, and defend the Constitution of the United States”. Is he in compliance with that oath?

BobMbx on January 25, 2013 at 12:08 PM

You know what’s really “embarrassing.” That the writers of a major conservative blog would think that Barack Obama would ever be embarrassed by a court rebuke.

rrpjr on January 25, 2013 at 12:08 PM

Does anyone think Rush is going to get a kick out of this today? Do we celebrate now or wait until SCOTUS has weighed in? I wonder how long that will take.

Cindy Munford on January 25, 2013 at 12:09 PM

Yeah, in the old days this would have been a rebuke.

Now we wait for the Supreme Court. Meantime, Obama, Biden, Axelrod, Messina, and Cutter will play flute in unison. Masses will protest. Super Pacs will multiply faster than mold. Team Sharpton and Jackson will screech Selma and Rosa in a fevered pitch.

Then John Roberts will redefine ‘recess’ and ‘in session’.

LetsBfrank on January 25, 2013 at 12:09 PM

The Problem is: Barack Obama doesn’t really care..

-@AsalamaTweetum

Opinionnation on January 25, 2013 at 12:10 PM

Can’t wait to hear the Great One on radio tonight. I may have to record it.

BobMbx on January 25, 2013 at 12:10 PM

That’s also true of Obama’s decision to invoke executive privilege on behalf of Eric Holder in Operation Fast & Furious.

If the White House and Holder have to give up the requested documents, and they don’t do something drastic like shred or ridiculously redact them, Obama will never make it through his second term.

The Rogue Tomato on January 25, 2013 at 12:10 PM

Happy Happy Joy Joy!!!

RWM: I know you are all over this hon!! Saw your post on the other thread, can’t wait to see what you have to say!!

Good morning all :-)

Scrumpy on January 25, 2013 at 12:10 PM

LetsBfrank on January 25, 2013 at 12:09 PM

You nailed it. No suaspense here. Everybody plays their roles.

rrpjr on January 25, 2013 at 12:12 PM

BobMbx on January 25, 2013 at 12:08 PM

Hell no he wasn’t! I hope an impeachment comes out of this.

We have shouted til hoarse, did anyone listen to our voices? No.

I can simply sit back and watch everything he did, fall to pieces..
(wicked mean laugh)…

Scrumpy on January 25, 2013 at 12:13 PM

rrpjr on January 25, 2013 at 12:08 PM

He, personally, may not be embarrassed. I don’t think an ego that sized is fazed by mere mortals but it does throw a monkey wrench in his little fiefdom and that is something.

Cindy Munford on January 25, 2013 at 12:15 PM

If the White House and Holder have to give up the requested documents, and they don’t do something drastic like shred or ridiculously redact them, Obama will never make it through his second term.

The Rogue Tomato on January 25, 2013 at 12:10 PM

That’s exactly what they’ll do. If they’re ordered to turn them over, they’ll do it, but they’ll stall as long as they possibly can (they couldn’t care less about a contempt ruling) and then finally they’ll turn over box after box after box of blacked out paper.

This is all a game and they know exactly how to play it in order to cover their asses.

Meople on January 25, 2013 at 12:15 PM

Cindy Munford on January 25, 2013 at 12:09 PM

Rush is talking about this now. He also gave a shout out to Levin and his team!
L

letget on January 25, 2013 at 12:16 PM

This is “embarrassing” to Bammie? Not half an embarrassment as this celebriturd-in-chief is to the real America. I hope this is the first tip in exposing and openly contesting his transgressions against the US Constitution and therein against We The People.

stukinIL4now on January 25, 2013 at 12:19 PM

letget on January 25, 2013 at 12:16 PM

Thanks, I’m sitting here like a lump instead of streaming.

Cindy Munford on January 25, 2013 at 12:20 PM

stukinIL4now on January 25, 2013 at 12:19 PM

The slide downhill for 0 is beginning!

Wake Up People!!

Scrumpy on January 25, 2013 at 12:20 PM

Scrumpy on January 25, 2013 at 12:10 PM

Good morning! Nice to see you.

KCB on January 25, 2013 at 12:23 PM

I can picture Obama being furious about this, but never embarrassed. As a matter of fact, I can see him doing another phoney recess appointment in the future to dare another court fight on that, too. Just to show he can do what he wants and no one can stop him without a years-long effort.

Liam on January 25, 2013 at 12:28 PM

The slide downhill for 0 is beginning!

Wake Up People!!

Scrumpy on January 25, 2013 at 12:20 PM

From your keyboard to God’s ears. Finally something to smile about. I hope the r’s come out blasting obambi on this.

VegasRick on January 25, 2013 at 12:30 PM

Maybe he’ll reward the three justices with front-row seats to his upcoming State of the Union sermon.

Drained Brain on January 25, 2013 at 12:30 PM

The court’s decision is a victory for Republicans…

Typical MSM garbage…this is a victory for America, when something is found to be unconstitutional, America wins, not just one group.

When you stop a government official (this case the president) from being unlawful, that’s a victory for all…

right2bright on January 25, 2013 at 11:47 AM

Yes, exactly. It’s a mistake to just read this as a conflict between Republicans and Democrats. This was a startling overreach by Obama that apparently just assumed nobody would dare to contradict him. The overreach was slapped down, as it richly deserved. And that would be just as good for the country if it had been a Republican president that tried it. But of course it’s only a leftist president that tries to be a complete dictator and effectively ignore the legislative branch.

This is a great thing for the entire nation. Obama tried to bypass checks and balances, and got an embarrassing rebuke for it.

There Goes The Neighborhood on January 25, 2013 at 12:31 PM

KCB on January 25, 2013 at 12:23 PM

Good morning to you too {hugs} :-)

Hopping threads lol…this one and the Jindal one…

Scrumpy on January 25, 2013 at 12:32 PM

This is a great thing for the entire nation. Obama tried to bypass checks and balances, and got an embarrassing rebuke for it.

There Goes The Neighborhood on January 25, 2013 at 12:31 PM

Embarrassing for who? obambi? You must be kidding, dictators don’t get embarrassed.

VegasRick on January 25, 2013 at 12:33 PM

Carney had to change his shorts before the presser this morning.

Mr. Arrogant on January 25, 2013 at 12:34 PM

I highly doubt the media will even cover this….

ToddPA on January 25, 2013 at 12:35 PM

SNAP! A sorely needed decision to knock the president down a few pegs.

scalleywag on January 25, 2013 at 12:35 PM

I highly doubt the media will even cover this….

ToddPA on January 25, 2013 at 12:35 PM

And that really is stunningly sad. Expected but sad.

VegasRick on January 25, 2013 at 12:37 PM

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