Hallelujah and thank goodness for a panel of judges who knows what the Constitution allows and doesn’t allow and said so for a change. I don’t care if Obama mouthpiece Smarmy Carney says the White House disagrees or not. If Obama and Company persist in ignoring what the appeals court ruled, the judges should hit them with an injunction to enforce their ruling, pending appeal, thereby suspending any further actions by the National Labor Relations Board (NLRB) and, upon confirmation by the Supreme Court, nullifying all NLRB rulings since Obama thought he could bypass the Senate and just arbitrarily appoint whoever he liked.
By the way, it’s an interesting factoid that it was Democratic Senate Majority Leader High Horse Harry Reid, that great legislative innovator and trickster, who “invented” the exact same tactic of gaveling in and gaveling out used by the Republicans during the Obama appointments in question so as not be in recess. The Democrats used it many times to block George W. Bush from making recess appointments, which, unlike Obama, Bush always honored. Plus, although most senators were away, those who were present did move some legislation along despite not being able to make big votes on major legislation — another sign they were not in recess.
And for those on the Left who like to point out how many recess appointments past Republican presidents have made, none of them were made during times of even the type of non-recess that Obama tried to get away with.
I guess it’s another of those examples of Democratic duplicity and double standards that they can invent a procedure and use it but when somebody else uses it, it’s all wrong, and Obama thought he could define when the Senate is in recess or not and just do as he pleased, when the Constitution clearly says that each chamber of the Congress sets its own rules of procedure, not the president.