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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