June 26, 2014, Fairfax, Va.—Americans for Limited Government President Nathan Mehrens today hailed a unanimous ruling by the Supreme Court overturning the 2012 false recess appointments by President Barack Obama to the National Labor Relations Board (NLRB) when Congress was not even in recess.
The Supreme Court affirmed the D.C. Circuit Court of Appeals, which had broadly overturned the decisions made by the illegitimate appointments because the “recess” appointments that had provided the Board its quorum were never constitutionally made.
“No president can imagine a Congressional recess into existence,” Mehrens said. “All of the acts of the unconstitutionally appointed NLRB back to the beginning of 2012 have been struck down. The Court was unanimous in upholding the Circuit Court of Appeals ruling vacating the unconstitutional decisions of the NLRB.”
According to the Circuit Court’s unanimous ruling which the Supreme Court affirmed, “Because none of the three appointments were valid, the Board lacked a quorum and its decision must be vacated,” upholding the 2010 New Process Steel 2010 case.
“This is a great victory for constitutional government and reaffirms the advice and consent process. Never again will a president be able to just say Congress is in recess whenever he wants. This outcome was predictable,” Mehrens concluded.
“Obama’s Extraconstitutional NLRB Appointments,” By Rick Manning, Vice President of Public Policy and Communications, Americans for Limited Government, Jan. 9, 2012 at http://netrightdaily.com/2012/01/obamas-extraconstitutional-nlrb-appointments/
“NLRB ‘recess’ appointments an egregious power grab,” By Robert Romano, Senior Editor, Americans for Limited Government, Jan. 6, 2012 at http://netrightdaily.com/2012/01/nlrb-recess-appointments-an-egregious-power-grab/
ALG Urges Passage of Bill Repealing NLRB Adjudicatory Powers in Light of Unconstitutional Appointments, Jan. 5, 2012 at http://getliberty.org/alg-urges-passage-of-bill-repealing-nlrb-adjudicatory-powers-in-light-of-unconstitutional-appointments/
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