Please disable your Ad Blocker to better interact with this website.

ObamaNLRB-300×300

Supreme Court Unanimously Rebukes the ‘Lawless President’

avatar

Committee for Justice (CFJ) President Curt Levey has reacted with strong words on today’s Supreme Court decision striking down President Obama’s unconstitutional recess appointments to the NLRB:

Despite broad criticism of President Obama’s overreaching use of executive power — involving ObamaCare, immigration policy and EPA regulations, to name just a few examples — many progressives have defended his “I’ve got a pen and a phone” strategy of bypassing Congress. But at the Supreme Court today, there was no defense.

Not a single liberal Justice could find a reason to uphold one of the prime examples of Obama’s overreach: his attempt to expand, beyond credulity, the President’s power to make recess appointments — by declaring that he, rather than the Senate, should determine when a recess occurs.

In one sense, the unanimity of today’s decision striking down Obama’s interpretation of the recess power is remarkable. Judges are generally reluctant to strike down an action by one of the three branches of government as a violation of the separation of powers, as the Justices did today. The fact that the Court ruled unanimously here, despite the typical reluctance, bodes well for current and future legal challenges to other instances of Obama Administration overreach.

However, in another sense, today’s unanimous decision should not be that surprising, because virtually all legal analysts assumed the NLRB recess appointments at issue would be found to be unconstitutional. The only question — including among the nine Justices today (see Justice Scalia’s concurrence) — was precisely what limits the Courts should put on the recess appointment power.

Obama, who taught constitutional law at the University of Chicago, must also have been aware that while the precise limits on the power were debatable, there was no serious question about which side of the line his NLRB appointments fell on. So what is really remarkable is that Obama made the appointments anyway, then thumbed his nose at the U.S. Court of Appeals for the D.C. Circuit when it soundly rebuked him for doing so.

Perhaps that attitude explains why so many people describe Obama as a “lawless” President.

The Court’s opinion in this case (NLRB v. Noel Canning) can be found here.  

The Committee for Justice (CFJ), with more than 200,000 members and supporters is America’s largest and most influential conservative legal and legislative action organization dedicated to holding America’s political leaders accountable to the law and the Constitution.

BarbWire Books is pleased to announce

Homosexual Agenda and the US Military

Dr. Sonny Hernandez

Homosexual Agenda and the US Military is a field manual for US service members and military chaplains. This Gospel-Centered, polemical book exposes the homosexual agenda that adversely affects Religious Liberty for Christians. There are several homosexual activists that will demand equality and tolerance. However, homosexual activists are not so equal or tolerant towards anyone that disagrees with their position on same sex marriage or transgenderism. They will claim to love all, but they really do not mean all—they mean agenda. This is because the homosexual agenda has a definition for inclusivity—their way or the highway.


BUY BOOK


Posting Policy

We have no tolerance for comments containing violence, racism, vulgarity, profanity, all caps, or discourteous behavior. Thank you for partnering with us to maintain a courteous and useful public environment where we can engage in reasonable discourse. Read More

STAY IN THE LOOP
Don't miss a thing. Sign up for our email newsletter to become a BarbWire insider.

Send this to friend