A year ago Mark Levin encouraged anyone having to deal with the NLRB to sue them and challenge their authority in the courts because of Obama’s unconstitutional recess appointments. And apparently someone did and now the Federal Appeals court has rule the appointments were unconstitutional:

AP – President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel, a federal appeals court panel ruled Friday.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said that Obama did not have the power to make three recess appointments last year to the National Labor Relations Board.

The unanimous decision is an embarrassing setback for the president, who made the appointments after Senate Republicans spent months blocking his choices for an agency they contended was biased in favor of unions.

The ruling also throws into question Obama’s recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray’s appointment, also made under the recess circumstance, has been challenged in a separate case.

MORE…

As I was going through the ruling I noticed that Landmark Legal was one of the litigants which means this is another victory for Levin and his team. I’m sure we’ll be hearing more about this later today. You can read the full ruling here (PDF).




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146 comments
bobemakk
bobemakk

Good, throw them all out and drag Obama out with them. He is ruining our country, and I just heard that our credit rating dropped again blame it all on him.

Godisright
Godisright

Go Mark Go!!! You da Man!

Now, can Obama be charged with some sort of misconduct?

Can we at the least see him in the corner with a dunce cap on his head?!!

I am sick and tired of this jerk sliding around the law of this land without consequence.

It's time for the judges to throw the library at this egomaniac.

Guppymonster
Guppymonster

Obama is a lawless criminal who stepped over the line one too many times. But he'll do it again and again. He needs to be challenged anytime he does anything.

stage9
stage9

THANKS MARK LEVIN!

wodiej
wodiej

Awesome. There's more to be done.

davienne
davienne

NOW CONGRESS NEEDS TO SEND A BILL TO DEFUND THE NLRB... BECAUSE IT IS UNCONSTITUTIONAL...

martha chandler
martha chandler

In this wretched darkness of our political times, a bright light comes through today.

davienne
davienne

GOD BLESS MARK LEVIN,......

LIBERTYUSA
LIBERTYUSA

...also from the Great White North , your DEAR LEADER PART II O B A M A is a reflection of your low information VOTER and is also a J O K E of a leader ."

Earthforce1
Earthforce1

NLRB are the guys who tried suing Boeing for daring to open a plant in SC.

Julie Hanratty-Jacobs
Julie Hanratty-Jacobs

All I can say is about time!....but what took so long?

Orangeone
Orangeone

The appts were in early 2012 so to reach a Ct of Appeals decision in less than one year is actually quite quick. The case was argued early December.

Julie Hanratty-Jacobs
Julie Hanratty-Jacobs

I do understand why, I was venting... lol!!...but its just soo frustrating, waiting for the "Wheels of Justice" to turn on these things.

Hopefully this decision will hold up...... :)

Orangeone
Orangeone

If you are on Twitter, you can follow the Constitutional Freedom Party @CFP4US !

Julie Hanratty-Jacobs
Julie Hanratty-Jacobs

No apology needed....really!! Carolyn wrote a great analogy, thanks for the link!!! :)

At the very least.... this court’s ruling will go toward the restoring the “constitutional separation of powers.”

What is truly aggravating, is just this week we saw Obama re-take the oath of office...and even after this ruling....they continue to mock the Constitution and the courts who do not agree with them as this was their response to the ruling!

Carney: "The White House strongly disagreed with the court’s decision, calling it “novel and unprecedented.”

Orangeone
Orangeone

Sorry, I've only seen a couple of your posts so wasn't sure of /sarc . This one actually did move quickly....I'm sure Barky will tell them to slooooooowwwwwww dddddddooooooowwwwwnnnnn their schedule....I read the entire decision, and although I am not an attorney, it is solid on Constitutional provision and long-standing case law (other court decisions). There is a nice write-up with decision quotes here http://constfreparty.blogspot.com/2013/01/obamas-appointments-to-national-labor.html

Orangeone
Orangeone

Landmark Legal Foundation has their amicus brief and press release on their home page. It was their "the Recess" position that the Court agreed with to find the appts unconstitutional! BTW, the Foundation is a 501(c)(3) corporation and accepts donations online.

Libertyship46
Libertyship46

Finally, a little good news. We sure could use it. Maybe this is the beginning of putting the breaks on Obama's imperial power? I sure hope it is.

Ray
Ray

It will be overturned in the Roberts liberal supreme court!

Orangeone
Orangeone

I don't think so. In reading the appellate opinion, it is very, very strong in its Constitutional foundation.

Ray
Ray

There were very stong arguments made in regards to the unconstitutional nature of the affordable care act, but, that was upheld.

Ray
Ray

how can I get in contact with you? I live in Forest Lake.

Ray
Ray

are you from MN?

Orangeone
Orangeone

MN has been collecting medical information for several years. They continue to experience privacy breaches in many state departments, can only imagine how much of our medical information has been reviewed, utilized and disseminated.  It is frightening. Our docs have also been asking about guns for years....It is time for it to end and WE are in the perfect position to do it.

Julie Hanratty-Jacobs
Julie Hanratty-Jacobs

Not only is this bill containing multiple taxes, there is also a provision in it that allows the government to change things @ will...

Once fully implemented.......the Federal government will have total control over how doctors can treat individuals...and a data base of all our personal information. (this data base is already being implemented)

I also believe in time the new system (aka Obamacare) will sink under it’s own weight..thus paving the way for Obama to save it with a single payer system, which was his plan all along.

Orangeone
Orangeone

This is a classic case of bait and switch.  The gov't got everyone focused on the Commerce Clause (which we did win, Constitutional portion) and then switched the argument to a tax which is Constitutional.  If you read the 2700 pages, you will find 21 taxes contained within so it's not like they were unknown.

Once we are subject to the tax, we have been harmed and have standing to sue.  And there are people just waiting to sue!  In my particular case, I will sue because I must pay for coverage I do not need, I will be taxed because I have too good of insurance and taxed if I cancel it.  I just have to wait.

Ray
Ray

But the government argued and Obama argued that it was NOT a tax, and then argued that the supreme court should not rule on the case at all when they switched their story of it being a tax, therefore the court had no reason to bring a decision until someone actually had to pay it with the anti-injunction act. They totally pulled that ruling out of the air, Roberts being the chief culprit. I think they have something on him, personally, and they will pull that string again. If there is something they are blackmailing him with, I hope it comes out.

Orangeone
Orangeone

The only issue before the SCOTUS was the individual mandate.  Until we are levied the tax, we do not have standing to sue.  The SCOTUS upheld based on the gov't's ability to tax which has been found to be CONSTITUTIONAL previously.  The Constitutional issues were found in our favor.  There will be many, many more lawsuits yet, some are already up on the religious freedom claims.

The NLRB case is substantially different

Orangeone
Orangeone

This is one thing Mitch McConnell did RIGHT, appointed Miguel Estada to write the Senate's amicus brief in this case!

http://www.breitbart.com/Big-Government/2013/01/25/Miguel-Estrada-Helped-Overturn-Obama-s-NLRB-Appointments?utm_source=twitterfeed&utm_medium=twitter

TitaniumEagle
TitaniumEagle

Sir Turtle McConnell did something right? Must've been an accident!

sjmom
sjmom

Now, there's an anomaly. McConnell...............something right. Mmmmmmmm

Orangeone
Orangeone

I agree but the gentleman he selected has been before the SCOTUS 20 times!  And he's a younger minority :):):):):) No more of the old white man label

americalsgt
americalsgt

Well, let's just hope that this is Obama's Schecter Brothers moment. We could sure use some good news for the opposition party.

John
John

Many DemocRATic senators belong to Communist Party:

"It should come as no surprise that the Communist Party USA is on board with President Obama’s plan to attack Americans’ right to keep and bear arms as a means to “end gun violence.” A cardinal feature of communist regimes, like all dictatorships, is the prohibition of private ownership of arms, creating a monopoly of force in the hands of the State.

In a January 18 article, People’s World, an official publication of the Communist Party USA (CPUSA), declared that “the ability to live free from the fear or threat of gun violence is a fundamental democratic right — one that far supercedes any so-called personal gun rights allegedly contained in the Second Amendment.”

steprock
steprock

"President Barack Obama violated the Constitution"

I kinda stopped reading right there. Just sums it all up, don't it?

Orangeone
Orangeone

And the DC Federal Court of Appeals unanimously said so! Take a look at my large post, there are some great quotes in the court's decision that can be used for any Constitutional challenge (i.e. 2nd Amendment)

TickedWhiteDude
TickedWhiteDude

He will somehow get his way...Constitution be dammed. This just made him mad, and we're to weak to impeach him.

Orangeone
Orangeone

This might have been what the Senate and House (both filed amicus briefs) were waiting for. As I've been reminded, Nixon was impeached in his 2nd term....

bongobear
bongobear

A scintilla of sanity in a snake infested swamp.