{"id":6773,"date":"2012-01-15T00:13:12","date_gmt":"2012-01-15T08:13:12","guid":{"rendered":"http:\/\/www.politicsplus.org\/blog\/?p=6773"},"modified":"2012-01-15T00:13:12","modified_gmt":"2012-01-15T08:13:12","slug":"recess-appointments-going-to-court","status":"publish","type":"post","link":"https:\/\/www.politicsplus.org\/blog\/2012\/01\/15\/recess-appointments-going-to-court\/","title":{"rendered":"Recess Appointments Going to Court"},"content":{"rendered":"<p><font color=\"#0000ff\">It did not take long for there to be&#160; a legal challenge to Barack Obama\u2019s recess appointments.&#160; As I anticipated, the challenge comes from a business front group, rather than from the Republican Party, as Republicans have no standing to sue over them.&#160; The manner in which the challenge has developed could nor demonstrate more clearly why the appointments were so necessary.<\/font><\/p>\n<blockquote>\n<p><img loading=\"lazy\" decoding=\"async\" style=\"background-image: none; border-right-width: 0px; padding-left: 0px; padding-right: 0px; display: inline; float: left; border-top-width: 0px; border-bottom-width: 0px; border-left-width: 0px; padding-top: 0px\" title=\"15NLRB\" border=\"0\" alt=\"15NLRB\" align=\"left\" src=\"https:\/\/www.7thstep.org\/blog\/wp-content\/uploads\/2012\/01\/15NLRB.jpg\" width=\"360\" height=\"278\" \/>President Barack Obama\u2019s recess appointment of three members to the National Labor Relations Board was challenged in court by the National Federation of Independent Business, which claims a constitutional violation. <\/p>\n<p>The filing yesterday may be the first legal action targeting the White House appointments made without Senate confirmation on Jan. 4 during a brief congressional break.<strong> It was made as part of an existing lawsuit in federal court in Washington over a new NLRB rule that requires employers to notify workers of their rights to form a union<\/strong>. <\/p>\n<p><strong>Without a legal quorum, the board has no authority to enforce the rule, the NFIB, which was joined by four other groups and companies in the filing, argued<\/strong>. <\/p>\n<p>\u201cThe grounds for the motion are that very significant events have transpired since the filing of the complaints in this case, particularly within the last ten days,\u201d according to the filing. \u201cThe president purported to appoint the new members without the advice and consent of the Senate.\u201d\u2026 [<em>emphasis added<\/em>]<\/p>\n<\/blockquote>\n<p>Inserted from &lt;<a href=\"http:\/\/www.bloomberg.com\/news\/2012-01-14\/obama-recess-appointments-challenged-by-trade-groups-in-lawsuit.html\" target=\"_blank\">Bloomberg<\/a>&gt;<\/p>\n<p><font color=\"#0000ff\">Here it is in a nutshell.&#160; The NLRB needs a quorum to enforce its rules, such as the rule that requires employers to notify employees on their right to form a union.&#160; Anti-union employers want to disobey those rules, thus depriving workers of their just rights.&#160; To enable such employers to get away with breaking the law, Senate Republicans hobbled the NLRB by refusing to confirm anyone appointed to the boards, thus preventing an NLRB quorum.&#160; Obama\u2019s recess appointments to fill the vacancies on the NLRB created the quorum necessary for the NLRB to enforce the law.<\/font><\/p>\n<p><font color=\"#0000ff\">Any vote that does not help keep Republicans out of office is a vote against workers rights.<\/font><\/p>\n","protected":false},"excerpt":{"rendered":"<p>It did not take long for there to be&#160; a legal challenge to Barack Obama\u2019s recess appointments.&#160; As I anticipated, the challenge comes from a business front group, rather than from the Republican Party, as Republicans have no standing to sue over them.&#160; The manner in which the challenge has developed could nor demonstrate more <a href='https:\/\/www.politicsplus.org\/blog\/2012\/01\/15\/recess-appointments-going-to-court\/' class='excerpt-more'>[&#8230;]<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-6773","post","type-post","status-publish","format-standard","hentry","category-politics","category-5-id","post-seq-1","post-parity-odd","meta-position-corners","fix"],"_links":{"self":[{"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/posts\/6773","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/comments?post=6773"}],"version-history":[{"count":0,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/posts\/6773\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/media?parent=6773"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/categories?post=6773"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.politicsplus.org\/blog\/wp-json\/wp\/v2\/tags?post=6773"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}