Recess is over…

A panel of the D.C. Appeals Court has ruled that the appointments His Oneness made to the National Labor Relations Board after he declared the Senate wasn’t in session,  were unconstitutional.   A short version  is here.   A more technical explanations  is here.   For a useful review of the constitutional history of true recess appointments,  see here.

Despite press flack Jay Carney’s  protestations that  other presidents have done the same thing,  that is a lie.  The Appeals Court  hammered His  Oneness,  though rather more elegantly than non-judicial language would have.   It is way past time for the judiciary to  act in accordance  with the Constitution.   For the time being,  we  should be cheered  by this push-back against Obama’s usurpation of powers.

Of course,  Carney also said that the White House  would ignore  the ruling.   After all,  the new messiah doesn’t think he  should be subject  to any rules except those he approves of.

There is also an impact beyond the NLRB,  namely with Obama’s appointment that same day of Richard Cordray to head up the Consumer Financial Protection Board.   There is a  separate lawsuit regarding Cordray,   but this decision will make that one all the easier.   Donald Berwick,   the former head of Medicare,   was also a no-recess recess appointment.   Does  that mean all  his ObamaCare/Medicare rulings and regulations during his tenure are null and void?

The bottom line is that the ruling  has severely restricted  Obama’s recess appointment power.