Showing posts with label DC Circuit Court. Show all posts
Showing posts with label DC Circuit Court. Show all posts

Sunday, November 24, 2013

Senate Dems move the goalposts to distract from Obamacare

In a largely partisan vote, the United States Senate approved changes to its rules concerning future approvals of judicial and executive nominations from the White House. Until today, the Senate rules required approval of such candidates for high office of at least two thirds of the legislative body. The change would now allow nominations to proceed with just a simple majority vote, even while the rules change would still allow the minority in the Senate to use filibusters to block Supreme Court nominees.
Suprisingly, three Democrats:  Sen. Carl Levin of Michigan, Sen. Joe Manchin of West Virginia, and Sen. Mark Pryor of Arkansas cast their ballots against the change.
Following the vote, the Democrats quickly confirmed Patricia Millett to the DC Circuit Court of Appeals.   The vote  was 55-43, with two senators voting present.
Several hearings were either cancelled or went into recess before the vote on the rules change. Over the last month, three nominees to the D.C. Circuit Court of Appeals have been blocked by Republicans, despite President Barack Obama’s appeal. On November 19, the Republicans blocked a vote on the nomination of Robert L. Wilkins to the bench. In his case, Wilkins, who served as a Washington D.C. District Court judge, was confirmed by the Senate on a voice vote in 2010.
Senate Minority Leader Mitch McConnell (R-KY) said of the vote that it was “not a proud day in the history of the Senate.”  The Republican stalwart, flanked by Senator Lamar Alexander (R-TN),  said that “In order to distract attention from Obamacare, the Senate has just broken the rules to change the rules. We’ve had this threat for some time now...” He added that Senate Democrats had not kept to their promises to refrain from such rule changes during this legislative term.

Tuesday, July 23, 2013

A Teachable Moment on Recess Appointments

Obama's brazen attempt to nullify the separation of powers has been slapped down by yet a third federal court. The 4th Circuit held in National Labor Relations Board v. Enterprise Leasing Company Southeast, LLC that orders compelling two companies to recognize unions as their employees' bargaining agents cannot be enforced because the NLRB lacked a quorum when the orders were issued. The reason no quorum existed: Obama evaded the Senate's power of advice and consent by making recess appointments while Congress was in session. And that, the court said, is unconstitutional.
The decision was not exactly groundbreaking, since the 4th Circuit was following in the footsteps of the DC Circuit (Noel Canning v. NLRB) and the 3rd Circuit (NLRB v. New Vista Nursing). But although Enterprise Leasing closely adheres to Noel Canning, it offers a teachable moment all its own about the arrogance of Obama and his water-carriers in robes. Once the three-judge panel agreed that the NLRB rulings were correct, the question ofthe constitutionality of Obama's recess appointments took center stage. What ensued was a lively three-way debate over the meaning of the recess appointments clause. (The three arguments on the constitutionality of recess appointments can be read here: Hamilton at 56, with a rebuttal of the dissent at 104; Duncan at 126; and Diaz at 130.)

Via: American Thinker


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