Should the Supreme Court uphold it, last Friday’s decision by three Reagan-appointees to the D.C. Circuit Appellate Court appears at first glance to rejigger the balance of power between Congress and the president. The appellate justices struck down three recess appointments that President Obama had made to the five-member National Labor Relations Board during the break between the 2011 and 2012 sessions of Congress partly on the grounds that Congress wasn’t formally in recess, since one and sometimes two Republicans showed up to nominally keep it in session for the sole reason of denying Obama the right to recess appointments. Two of the three justices went further, ruling that the president can’t really make recess appointments at all.
Poking holes in the arguments that appear on TheWall Street Journal’s editorial pages bears a close resemblance, I admit, to shooting fish in a barrel, but an op-edin Thursday’s Journal makes points so idiotic I cannot restrain myself.
Poking holes in the arguments that appear on TheWall Street Journal’s editorial pages bears a close resemblance, I admit, to shooting fish in a barrel, but an op-ed in Thursday’s Journal makes points so idiotic I cannot restrain myself.
There has never been a more pro-worker Secretary of Labor than Hilda Solis, who announced yesterday that she’s stepping down from her cabinet post. But for much of her tenure, she was swimming upstream—confronting not just most anti-labor congressional Republicans in modern American history, but also an Obama White House inner circle that she, like many of her fellow cabinet members, never really permeated.