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U.S. Court Rules President Obama's Appointments Are Illegal And Unconstitutional

January 26. 2013

Barack Obama

The U.S. Court of Appeals for the D.C. Circuit has ruled President Barack Obama's recess appointments were "unconstitutional" and illegal, due to the Senate having been in session at the time they occurred. The Obama Administration is not in agreement with the court's decision, slamming it as "novel and unprecedented." 

Obama, via his Department of Justice, headed up by controversial and disgraced Attorney General, Eric Holder, have vowed to appeal the ruling. At the end of the day, it is best to err on the side of caution. The Constitution must be observed and upheld by the White House. The law demands uniformity. The legal errors rendered by the administration must be corrected.


Court: Obama appointments are unconstitutional

Jan. 25 3:16 PM EST - WASHINGTON (AP) In a setback for President Barack Obama, a federal appeals court ruled Friday that he violated the Constitution in making recess appointments last year, a decision that could severely curtail the president's ability to bypass the Senate to fill administration vacancies.

The three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said Obama did not have the power to make three recess appointments to the National Labor Relations Board because the Senate was officially in session and not in recess at the time. If the decision stands, it could invalidate hundreds of board decisions made over the past year...

GOP House Speaker John Boehner welcomed the ruling as "a victory for accountability in government."
If the ruling stands, it means that hundreds of decisions issued by the board over more than a year would be invalid. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members.




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