Obama Admin Going Back To Court Over Recess Appointments

By: Tuesday January 29, 2013 6:58 am

What started as an esoteric dispute over whether a Senate “pro forma” session can technically be considered “recess” morphed into a larger question of executive power when a federal appeals court rejected the Obama Administration’s recess appointments to the National Labor Relations Board.


Obama Recess Appointments Slapped Down by DC Circuit, CFPB at Risk

By: Saturday January 26, 2013 4:00 pm

What can only be described as a blockbuster opinion was just handed down by the DC Circuit in the case of Canning v NLRB, the validity of President Obama’s recess appointments has been slapped down. Here is the full opinion. The three judge panel was Chief Judge David Sentelle, Karen Henderson and Thomas Griffith, all Republican appointees.

Turning Pretty Words Like “Bipartisanship” Into Action

By: Saturday November 10, 2012 9:00 am

With the election over, let the haggling begin. I’m not talking about the back-and-forth over the Fiscal Hillock (h/t Jackdawracy at Calculated Risk). I’m talking about nominations. Judicial nominations in particular.

Consideration of dozens of nominees have been stalled in the Senate, and dozens more vacancies lack nominees. Everyone who follows these things knew that any action this summer, as the election was getting into full swing, was not going to happen. Well, the election is over . . . and still the nominees wait. The judicial emergencies continue, and justice is increasingly delayed for thousands as dockets around the country continue to build.

Both Obama and the GOP need to demonstrate that they can do more than simply talk about working with one another; moving forward on these judicial nominations would be a good place to turn their pretty words into action.

CFPB Sued Over Recess Appointment Issue

By: Friday June 22, 2012 3:11 pm

At some point, either the Consumer Financial Protection Bureau or the National Labor Relations Board were bound to issue a ruling that the subjects affected didn’t like, and they would resort to claiming that the recess appointments were unconstitutional, and therefore the rulings handed down inapplicable and illegitimate. It took a bit longer than I thought, but we finally saw that today.

Republican NLRB Member Resigns in Ethics Controversy

By: Monday May 28, 2012 8:30 am

Terence Flynn, a Republican member of the National Labor Relations Board, who leaked documents to Republican confidants according to that agency’s inspector general, resigned on Sunday. Flynn’s resignation becomes effective July 24.

Holdup of New Union Election Rules a Consequence of Punting on EFCA

By: Tuesday May 15, 2012 3:33 pm

The failure to pass better rules for forming labor unions during the 2009-2010 period has now shown its full costs. Yesterday, a federal appeals court blocked the more modest union election rules approved by the National Labor Relations Board, on the grounds that the NLRB did not have a quorum when it approved the rules.

Dayen’s Roundup from March 4th, 2012

By: Monday March 5, 2012 6:15 am

Dayen’s news roundup from the past weekend, including stories about Rush Limbaugh, BP Gulf Spill Settlement, recess appointments, bank mortgage settlement, Joe Stieglitz, Mike Konczal, ocean accidification, Saudi Arabia, Syria, Libya, and much more.

Post-Super Bowl Roundup from February 5, 2012

By: Monday February 6, 2012 6:15 am

News roundup from Super Bowl weekend. Madonna! World Peace! — oh wait, Syria, Egypt, Congress, taxes, jobs, labor, Columbian murders, housing, Mitt and Koch’s millions, and much more.

McHenry Plans to Embarrass Himself Again With CFPB Hearing

By: Thursday January 12, 2012 12:30 pm

The last time Patrick McHenry, the Billy Zabka of the House Republican caucus, held a hearing with a member of the Consumer Financial Protection Bureau, it didn’t turn out too well. He called Elizabeth Warren a liar and generally tried to bully her, and received quite a backlash in the process.

Senate Republicans Considering Lawsuit Over Recess Appointments

By: Thursday January 12, 2012 11:00 am

The House Republican position on President Obama’s recess appointments is hard to even express without laughing. GOP Congressmembers are actually saying that they oppose the appointments because Congress is not in recess – and as soon as they finish their vacation and get back to Washington, they’ll have something to say about that.

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