Well, well, well…color me somewhat shocked! The Constitution vs Dear Leader rules the day…so far. It wouldn’t be any surprise whatsoever if Dear Leader doesn’t take this all the way to the Supreme Court next…which, in my opinion would be another big failure, then again…I could be wrong once again. After-all, we can’t forget how Chief Justice Roberts ruled when it came to the mandate from Dear Leader forcing ObamaCare down our throats across this nation. – Time will tell, and Dear Leader will stretch this out as long as he can…that’s what he is, that’s what he’s been taught by his Alinsky pals all his louse-bound life.

Here’s the report. – This is via FN:

WASHINGTON – A federal appeals court ruled Friday that President Obama violated the Constitution when he sidestepped the Senate to fill open spots on a labor relations panel, in a major setback for the president.

The suit had been brought by a local business in Washington state challenging the National Labor Relations Board. Supported by dozens of Senate Republicans, the case argued the president didn’t have the power to make three appointments to the NLRB.

Attorneys for the Obama administration argued that he had the authority because the Senate was in recess.

But a three-judge panel for the Court of Appeals in the District of Columbia said the appointments were not valid because the Senate was not officially in recess. If the decision stands, it could invalidate hundreds of board decisions.

“Either the Senate is in session, or it is in the recess. If it has broken for three days within an ongoing session, it is not in ‘the Recess,'” the panel said.

The court said the president could only fill vacancies with the recess appointment procedure if the openings arise when the Senate is in an official recess, which it defined as the break between sessions of Congress.

“Considering the text, history and structure of the Constitution, these appointments were invalid from their inception,” a panel said.

Republican lawmakers lauded the decision. “Today’s ruling reaffirms that the Constitution is above political party or agenda, despite what the Obama Administration seems to think,” Sen. Orrin Hatch, R-Utah, said. “With this ruling, the D.C. Circuit has soundly rejected the Obama Administration’s flimsy interpretation of the law, and will go a long way toward restoring the constitutional separation of powers.”

The case is a test of the White House’s authority to bypass Congress’ power to block nominations. Recess appointments have a shelf-life of two years.

The ruling is an embarrassing blow to the Obama administration and could also call into question his recess appointment of Richard Cordray as head of the Consumer Financial Protection Bureau.

White House attorneys are expected to appeal the decision to the U.S. Supreme Court, but if it stands, it means hundreds of decisions issued by the board over more than a year are 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.

On Jan. 4, 2012, Obama appointed Deputy Labor Secretary Sharon Block, union lawyer Richard Griffin and NLRB counsel Terence Flynn to fill vacancies on the NLRB, giving it a full contingent for the first time in more than a year. Block and Griffin are Democrats, while Flynn is a Republican. Flynn stepped down from the board last year.

Obama also appointed Cordray on the same day.

Obama claims he acted properly because the Senate was away for the holidays on a 20-day recess. The Constitution allows for such appointments without Senate approval when Congress is in recess.

But during that time, GOP lawmakers argued, the Senate technically had stayed in session because it was gaveled in and out every few days for so-called “pro forma” sessions.

GOP lawmakers used the tactic — as Democrats had done in the past — specifically to prevent the president from using his recess power to install members to the labor board. The White House argued that the pro forma sessions — some lasting less than a minute — were a sham.

The three-judge panel, all appointed by Republican presidents, ruled that during one of those pro forma sessions on Jan. 3, the Senate officially convened its second session of the 112th Congress, as required by the Constitution.

The court’s decision is a victory for Republicans and business groups that have been attacking the labor board for issuing a series of decisions and rules that make it easier for the nation’s labor unions to organize new members.

Update: Unbeleivable, these people are giving the middle finger to the court ruling! ~ NLRB: ‘We will continue to act despite the Appeals Court decision

You can be sure the critters at the msDNC Funny Farm are besides themselves when it comes to ‘Walks on Water‘ losing today. Ya gotta love just the thought of that alone. ~

Like I always say, throw in your two-cents…Fire Away – Inquiring Minds Want to Know!

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  1. Cinnamon Girl says:

    It’s a little drip in the water, but I’ll take it. Now, for everyone in Congress to wake up and call O out for basically ripping the Constitution into shreds—-ah, that would be grand.

    By the way, while I cannot recall ever complaining about anything on the AWD site but I have to say something off topic.

    What is with the new floating ads at the top of each page? It’s impossible to close or otherwise get rid of them. Has anyone noticed this? I realize everyone needs sponsors but these ads are most invasive—-or is it just me? :)

    • CG…

      Just a suggestion for you. I use ad blocker, I have for more years than I can count now. Just google ad blocker and install it…that should take care of your problem. 😉

    • 79Firebirdman says:

      @ Cinnamon Girl: Go here, get this, and follow instructions for installations. That will about 99.9% eliminate ads and popups that waste precious connection bandwidth. I have had a hosts file a long time. Oh, and Firefox is the best browser: faster, more secure, and more stable than Internet Exploder.


    • I noticed the same thing, big pain in the a–

  2. 79Firebirdman says:

    What a wacist decision! Shame on the court for disagreeing with the president, that is verboten. I’m sure some activist judge somewhere is looking for a way to overturn this ruling. Seriously, maybe this will inspire more people to grow the necessary cojones to stand up to the tyrant disgracing the office of POTUS.

  3. going to the supream court may be more hassel than obumbles wants to endure….i heard a news report that he has re-nominated all the contested appointees. he’s been re-elected and/or these appointed chumps have served their purpose, so let congress approve, or disapprove them. he’s thrown them a bone and probably has a “john kerry” backup for those shot down.

  4. Spurwing Plover says:

    Enough is enough King Obama the Fink if your going to rule by DICTORIAL DECREE then you no longer have the right to rule us from your residence VACATE NOW

  5. Take a good read about this…it’s a good one.


  6. Bloodless Coup says:

    Red Dawn Coming…

    Obama to Shut Down Southern Air Defense Systems: “It Will Be Open Season for Terrorists Flying In With Nukes, Low Altitude Missiles, Or Even Full Scale Invasion of America”


    • BigLittleKid says:

      Terrorists don’t have the cabability to “Fly In With Nukes, Low Altitude Missiles, Or Even Full Scale Invasion of America”

      That’s just nonsense.

  7. Friends….here’s an update that I also added to the blog post itself. It’s a must read, talk about audacity….this has to be it. The head of the NLRB is giving the middle finger to the court decision today and say they will go ahead and do as they please!

    Take a look at this. ~


    • heard about this too……..FUDGE!!!! GRRRRRRRRRRRRRRRRRRRRRR The dirt bag will get his way

      • Howdy Joy,

        I heard Mark Levin (whose Legal Foundation network was involved in this case that won) make a good suggestion, that is if Boehner will take a clue and run with it. He said the House should have one bill with nothing else in it to defund the NLRB. – That works for me.

        Bad thing about thought to me is, they will get their funding elsewhere. Unions, Soros and such. – I don’t know, what I want is those that defy the ruling are fined and jailed unless the cease and desist. Simple as that.

  8. BT,

    Levin said today on his show that he hopes Obama will thumb his nose at the ruling because it is an impeachable offense if Obummer does not abide with this courts ruling.

    Would it not be great to see this arrogant piece of shit prez kicked out on his sorry ass… drag that sorry ass first lady with him.

    • In our dreams of him being kicked out of office. I did listen to Levin today as well…posted some of what he said in a reply to Joy a few posts above. 😉

    • Impeachment of Dear Leader will NEVER go anywhere, regardless of how impeachable the offense.

      Between the Dems running the Senate, who ALWAYS circle the wagons, and the wussypants House Republicans terrified of “racism” allegations, hell will freeze over before there’s ever a move to impeach.

      • Martel,

        I know it is only a dream… but please don’t wake me up.

        • I share your dream, but, it’s more a fantasy than a dream.

          As you well know, the GOP had Bill Clinton dead to rights and, inexplicably, chose not to follow through. And the wussypants didn’t even have “racism” allegations to worry about!

  9. KennakaKeeper says:

    White House lawyers, now that’s really funny if you think about it long enough.. Dumb asses defending a Dumb ass.

  10. Snake Oiler says:

    Obama-Care To Cost Smokers $5K More A Year

    From an amused Associated Press:

    Penalty could keep smokers out of health overhaul

    By RICARDO ALONSO-ZALDIVAR | January 24, 2013

    WASHINGTON (AP) — Millions of smokers could be priced out of health insurance because of tobacco penalties in President Barack Obama’s health care law, according to experts who are just now teasing out the potential impact of a little-noted provision in the massive legislation.

    Funny how little details like this weren’t ‘teased out’ before the elections. Or before the Supreme Court’s decision. Or even before Obama-Care was rammed through Congress in the dead of night.

    The Affordable Care Act — “Obamacare” to its detractors — allows health insurers to charge smokers buying individual policies up to 50 percent higher premiums starting next Jan. 1.

    For a 55-year-old smoker, the penalty could reach nearly $4,250 a year. A 60-year-old could wind up paying nearly $5,100 on top of premiums.

    What’s an extra $5,100 a year? They can just eat a cheaper can of cat food. And that’s what they get for smoking, anyway.


    • Yep….and the msm remains silent for the most part, other than Fox here and there.

      • Snake Oiler says:

        Steve’s last comment in the write up was pretty good…

        Well, who really cares if smokers can’t afford health insurance? The sooner they die, the sooner the country will be rid of the scourge of cigarette smoke.

        But don’t worry, this smoking penalty is just the tip of the iceberg. Obama-Care is going to force us to become better people in ways we have never even imagined.

  11. The Dictator-in-Chief is at the ready for this ~


    Are you?


    All of King Obamas Excutive Orders should be overturned and Onama IMPEACHED

  13. Here’s another victory for ‘we the people’ vs the EPA.


    Here’s some whining from the O-Team regarding NLRB ruling.



    If Obama dose use a Excutive Order banning guns and ordering all privatly owned guns be confiscated then there should be a imediate call for his impeachment on the grounds of ABUSE of POWER and UNCONSTITUTIONAL POWER GRABBING