Press Releases

 

Entries in Recess Appointments (28)

Tuesday
Jul012014

ALG - Supreme Court unanimously strikes down all decisions of Obama's fake NLRB recess appointments 

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June 26, 2014, Fairfax, Va.—Americans for Limited Government President Nathan Mehrens today hailed a unanimous ruling by the Supreme Court overturning the 2012 false recess appointments by President Barack Obama to the National Labor Relations Board (NLRB) when Congress was not even in recess.

 

The Supreme Court affirmed the D.C. Circuit Court of Appeals, which had broadly overturned the decisions made by the illegitimate appointments because the "recess" appointments that had provided the Board its quorum were never constitutionally made.

 

"No president can imagine a Congressional recess into existence," Mehrens said. "All of the acts of the unconstitutionally appointed NLRB back to the beginning of 2012 have been struck down. The Court was unanimous in upholding the Circuit Court of Appeals ruling vacating the unconstitutional decisions of the NLRB."

 

According to the Circuit Court's unanimous ruling which the Supreme Court affirmed, "Because none of the three appointments were valid, the Board lacked a quorum and its decision must be vacated," upholding the 2010 New Process Steel 2010 case.

 

"This is a great victory for constitutional government and reaffirms the advice and consent process. Never again will a president be able to just say Congress is in recess whenever he wants. This outcome was predictable," Mehrens concluded.

 

To view online: http://getliberty.org/supreme-court-unanimously-strikes-down-all-decisions-of-obamas-fake-nlrb-recess-appointments/

 

Attachments:

 

"Obama's Extraconstitutional NLRB Appointments," By Rick Manning, Vice President of Public Policy and Communications, Americans for Limited Government, Jan. 9, 2012 at http://netrightdaily.com/2012/01/obamas-extraconstitutional-nlrb-appointments/

 

"NLRB 'recess' appointments an egregious power grab," By Robert Romano, Senior Editor, Americans for Limited Government, Jan. 6, 2012 at http://netrightdaily.com/2012/01/nlrb-recess-appointments-an-egregious-power-grab/

 

ALG Urges Passage of Bill Repealing NLRB Adjudicatory Powers in Light of Unconstitutional Appointments, Jan. 5, 2012 at http://getliberty.org/alg-urges-passage-of-bill-repealing-nlrb-adjudicatory-powers-in-light-of-unconstitutional-appointments/

 

Interview Availability: Please contact Americans for Limited Government at 202-744-4427 or at media@limitgov.org to arrange an interview with ALG experts including ALG President Nathan Mehrens.

 

 

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Americans for Limited Government is a non-partisan, nationwide network committed to advancing free market reforms, private property rights and core American liberties. For more information on ALG please visit our website at www.GetLiberty.org.

Monday
Jun302014

ALG's Daily Grind - Supreme Court delivers blow to Obama on NLRB appointments, now Congress must act 

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June 27, 2014

Permission to republish original opeds granted. 

Supreme Court delivers blow to Obama on NLRB appointments, now Congress must act
If the Supreme Court had decided the case differently, the consequences for our system of limited government would have been disastrous, sending a message that we allow presidents to bypass the Senate and unilaterally install appointees, including federal judges, any time the president deems the Senate "unavailable," such as over lunch.

Boehner to take Obama to federal court on executive overreach?
Does the House have standing to sue in federal court over, say, the failure to implement provisions of Obamacare?

Moore: Mr. Obama, where are our 5 million missing jobs?
"A new analysis of the labor force numbers by Heritage Foundation economists places the real jobs deficit in America closer to 5.5 million, even after accounting for changes in population and demographics."

Friday
Jun272014

ALG - Expert comment available on NLRB court decision 

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June 26, 2014, Fairfax, Va.—Rep. Austin Scott (R-Ga.) and Americans for Limited President Nathan Mehrens today in a joint oped published at FoxNews.com praised the outcome of a unanimous ruling by the Supreme Court overturning the 2012 false recess appointments by President Barack Obama to the National Labor Relations Board (NLRB) when Congress was not even in recess.

 

"With the question of when a recess occurs now settled, the NLRB will be forced to reevaluate decisions it made during the period for which it had no legal quorum. As a result, the Board will likely have less time over the next couple years to interfere in the workings of our economy, and this is a good thing," wrote Scott and Mehrens in the oped.

 

The two called on Congress to act on legislation, The Protecting American Jobs Act, that would "move the adjudicatory functions of the NLRB to the U.S. courts and take away the Board's power to prosecute unfair labor practices."

 

As Scott and Mehrens explained, "The NLRB's actions have been problematic for America's job creators for too long. The Board, under the National Labor Relations Act, has the power to adjudicate 'unfair labor practices,' acting as a type of judiciary for handling issues between employers and labor unions."

 

These quasi-judicial proceedings, the oped argues, allow the Board to facilitate the organization of labor unions at the expense of private employers, with the overreaching powers to act as prosecutor, judge, and jury against those companies.

 

To view online: http://getliberty.org/expert-comment-available-on-nlrb-court-decision/

 

 

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Americans for Limited Government is a non-partisan, nationwide network committed to advancing free market reforms, private property rights and core American liberties. For more information on ALG please visit our website at www.GetLiberty.org.

 

Wednesday
Jan152014

CEI Today: Net neutrality, China's global warming, and Obama's recess appointments 

Wednesday, January 15, 2014
In the News Today

NET NEUTRALITY - WAYNE CREWS


Forbes: Court Rules Against Net Neutrality In Verizon V. FCC

 

Today the United States Court of Appeals for the District of Columbia Circuit ruled against Internet at the Speed of Government.

Or more precisely, the court ruled against so-called “net neutrality” in Verizon v. FCC .
Net Neutrality. Proponents of the concept seek to prohibit what they see as preferential treatment and differential pricing on the Internet.

Alas, the Agency may, according to the court, still “promulgate rules governing broadband providers’ treatment of Internet traffic.” The court agrees with FCC’s stance that oversight “will preserve and facilitate the ‘virtuous circle’ of innovation that has driven the explosive growth of the Internet.” So FCC is not likely to give up without fighting for itself.
> Read more


> Interview Wayne Crews

> Follow Wayne Crews on Twitter

 

CHINA'S GLOBAL WARMING  - WILLIAM YEATMAN

Globalwarming.org: UN’s Top Climate Diplomat: Communism Is Key to “Doing It Right” on Global Warming

The People’s Republic of China is the #1 greenhouse gas emitter (having only recently raced past the U.S. to the top of this list), and last week the country’s government ordered a huge increase in coal production. Nonetheless, the Middle Kingdom is “doing it right” when it comes to climate change, according to Christiana Figueres, the top climate diplomat at the United Nations.


You might think to yourself: “What’s China’s secret for ‘doing it right’ (despite all those emissions)?” The answer, according to Figueres, is the absence of civil liberties. > Read more

> Interview William Yeatman

OBAMA RECESS APPOINTMENTS - TREY KOVACS

Workplacechoice.org: U.S. Supreme Court Justices Seem Skeptical of Obama’s NLRB Recess Appointments

 

On Monday, the U.S. Supreme Court heard oral arguments in National Labor Relations Board v. Noel Canning. Their ruling will determine whether the president may bypass the Senate to make recess appointments when the Senate is still in session.

Thankfully, after the oral argument, a consensus emerged among the Supreme Court Justices that seems to infer that Obama’s imperial presidency does have some limits. And hopefully this means that the Supreme Court will decide that the president does not have the power to determine when the Senate is and is not in session.
> Read more

> Interview Trey Kovacs

 

 

    

 

CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, please visit our website, cei.org, and blogs, Globalwarming.org and OpenMarket.org.  Follow CEI on Twitter! Twitter.com/ceidotorg.

 

 

CEI President Lawson Bader on the "Groundhog Day" of unemployment benefit extensions.

CEI’s Battered Business Bureau: The Week in Regulation

The first full week of 2014 was a light one, despite more than 1,500 Federal Register pages. The number of new regulations was about half the usual number, and none of them meet the $100 million per year “economically significant” threshold.

 




Tuesday
Jan142014

CEI Today: Obama recess appointments, EPA carbon pollution standard, and net neutrality

Tuesday, January 14, 2014
In the News Today

OBAMA RECESS APPOINTMENTS - HANS BADER

Court Skepticism on Obama Recess Appointments?

 

The US Supreme Court on Monday heard oral arguments on the limits of presidential power in appointing government officials while the Senate is in recess. As CEI constitutional attorney Hans Bader has noted, "Obama’s appointments of the NLRB members would be valid only under a still broader, radically expansive interpretation of the Recess Appointments Clause that would gut the Senate’s power to review Presidential appointments." > Read more

> Interview Hans Bader

 

EPA CARBON POLLUTION STANDARD - WILLIAM YEATMAN

Globalwarming.org: Does the 2005 Energy Policy Act Undercut EPA’s Carbon Pollution Standard?

EPA finally published in the Federal Register the proposed Carbon Pollution Standard, a regulation that would effectively ban the construction of new coal-fired power plants. The $64,000 question is: Does the 2005 Energy Policy Act undercut the Carbon Pollution Standard? The answer, alas, is to be determined by the courts, and it could go either way.

> Read more

> Interview William Yeatman

NET NEUTRALITY - WAYNE CREWS


Openmarket.org: Is FCC Chairman Tom Wheeler for or against Net Neutrality? Yes

 

In what the Washington Post referred to as Federal Communications Commission (FCC) Chairman Tom Wheeler’s strongest endorsement yet of net neutrality, he said, in part, that "public policy should protect the great driving force of the open Internet."

 

I see matters opposite from the proponents of net neutrality; I think variations in pricing and service are essential, as is the creation of future generations of networks, which can’t happen optimally without such fundamental property rights. (Yes, property rights.)  > Read more

> Interview Wayne Crews

> Follow Wayne Crews on Twitter

 

 

    

 

CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, please visit our website, cei.org, and blogs, Globalwarming.org and OpenMarket.org.  Follow CEI on Twitter! Twitter.com/ceidotorg.

 

 

CEI President Lawson Bader on the "Groundhog Day" of unemployment benefit extensions.

CEI’s Battered Business Bureau: The Week in Regulation

The first full week of 2014 was a light one, despite more than 1,500 Federal Register pages. The number of new regulations was about half the usual number, and none of them meet the $100 million per year “economically significant” threshold.