Court Finds NLRB Unconstitutional, NLRB Ignores Court & Constitution


Who needs a document written by some old dead white guys anyway? Certainly not the lawyer for a mobbed-up union appointed unconstitutionally by Obama to act as the hatchet man for the unions. Forget the Constitution. It’s ObamaTime.

The Federal Appeals Court ruled that Obama did not have the authority to make recess appointments because the Senate was not in recess and the Senate, not the Executive, gets to decide when it’s in recess.

The invalidation of Obama’s recess appointments means that they are invalid and the NLRB cannot function. So the NLRB said, “Yes, we can function. So there.”

Following Friday morning’s appeals court ruling that Barack Obama’s “recess” appointments to the National Labor Relations Board were unconstitutional, union attorney (and current NLRB chairman) Mark Gaston Pearce vowed to ignore the court’s ruling.

“The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld. It should be noted that this order applies to only one specific case, Noel Canning, and that similar questions have been raised in more than a dozen cases pending in other courts of appeals.

In the meantime, the Board has important work to do. The parties who come to us seek and expect careful consideration and resolution of their cases, and for that reason, we will continue to perform our statutory duties and issue decisions.”

The NLRB does not get to disagree with a Federal Appeals Court. It has already overstepped its jurisdiction infinite number of times. Its opinion of an Appeal Court ruling is completely irrelevant. It does not get to narrowly define the meaning of that ruling. It does not get to stay in business and declare that it will go on doing exactly what it was doing before because it is confident that the Supreme Court will rule in its favor.

But in ObamaTime that is exactly how it works. Powers are seized and the propaganda press starts screaming that this is the way it should be. Obama unilaterally declares the Senate in recess and appoints union lawyers to the NLRB. The NLRB ignores an Appeals Court ruling and declares it will go on functioning.

The rule of Obama is in direct conflict with the rule of law.

  • Mary Sue

    Obama's never been about the Rule of Law. Or even the Rule of 5. (-supreme court justices). It's always been about the rule of HIM.

  • Edward Cline

    Obama's attitude and approach are the attitude and approach of Vladimir Putin or of any other dictator or tyrant. What? Badges? We don't need no stinkin' badges.

  • Anonymous

    Impeachment time. Get rid of the imperial tyrant.

  • Greycoat

    This so angers me. These people should be hung by the neck until dead. They should do nothing. They have not applied for a stay of the order pending appeal, and have gotten a signed order granting the stay, so they have no authority to proceed. But they just thumb their noses at the court. If I were a business, I would file a notice with the board that I would not be attending any further proceedings before this board until the matter was resolved in the courts. I would as a business file a motion for protective order. An order to show cause why they shouldn’t be held in contempt should also be filed.

    • Greycoat

      I am so tired of the corruption, lies, deceit, and aspiring tyranny and lawlessness of this regime.

    • 11bravo

      All of their decisions are invalid. All of the effected businesses should send them notice that they will not follow any of their decree's.

  • 11bravo

    I would go to the DA's office of the state where the NLRB resides. Hopefully it is not in DC proper. I would arrest them all, and carry out as much documentation as I could. If I were McConnell and Boehner I would get crackin on it.
    Everyone seems to want to grab power, maybe we can find a balsey DA.

  • http://stuartbaggish.wordpress.com/ Stuart (Austin, TX)

    The NLRB is known for egregious overreaching. In the case of New Process Steel v. NLRB (see URL http://www.supremecourt.gov/opinions/09pdf/08-145… the U.S. Supreme Court held that the NLRB had been acting for years without a legitimate quorum because it had only 2 members and the enabling legislation required 3 members for a quorum. With no quorum, nothing the NLRB did was legitimate. The NLRB’s position was that on the eve of its 3rd member’s term expiring (literally at 11:59 p.m. on December 31) that member delegated his authority to the remaining 2 members. The NLRB argued that was a legitimate delegation to preserve a quorum to act. It was shameless b.s. then, and the NLRB has distinguished itself for shameless b.s. ever since (e.g., it’s harassment of Boeing over opening its South Carolina manufacturing plant).

    Obama’s made his erstwhile “recess appointments” because of the USSC’s decision in the New Process Steel case. Instead of just appointing one or more new members, subject to Senate-approval — which is how the balance of powers requires it to be done — Obama just opted for unconstitutional chicanery. That’s just who he is.

    I am glad to see the NLRB called to the carpet. It is an obsolete, over-funded bureaucracy that exists SOLELY to shore up parasitic, pro-Democrat Party organizations like SEIU.

  • Flicker

    Yes, Obama is a dictator consolidating his power. The courts mean nothing. The rule of law can be imposed by executive order or waived. His DOJ is a kangaroo. He has ordered America's first honest to goodness political prisoner. He's ousting Generals and Admirals for slight or feigned offenses. He's taken over our health care and, resultantly, our bodies. Next he'll be outlawing foods and the FDA will make salted butter a controlled substance.

    I think Jamie Glazov, or one of his guests today, referred to the US as a sinking ship and said it needs constant work to keep it afloat. It's a great metaphor. Like a ship the US may sink before a new captain can be sent aboard.

    There is no time to sit and wait. You have to work around the incompetent captain to keep it from sinking while he continues to run it against the rocks. Except that there are no life boats and nowhere to flee to.

  • Flicker

    The only thing left to do will be build a new ship. That, by definition, would be revolution.

    But the new civilian defense force (known by the Orwellian name Homeland Security) will have it's

    750,000,000 hollow point bullets to prevent that, and to enforce his rule. I don't want to be pessimistic, but I don't see any good way out of this short of national repentance in sackcloth and ashes.

  • Flicker

    Here on Front Page one headline was Iran will have and will use a nuclear bomb this year. Earlier on Front Page a video speaker told us that one bomb could reduce the whole US to a starving mass by a single EMP pulse; and this could be prevented for only a billion dollars. Has Obama done this? Begun this? Talked about this as a shovel-ready stimulus? No. He wants the US to be vulnerable.

    If you were Iran preparing the world for the mahdi, which would be your first choice to bomb? Israel or the US? I don’t know, but if I were a world-wasting savage bent on inducing a muslim apocalypse, I think destroying the US would make the rest of the world much more pliable. “Who,” the world will say, “can make war with him?”

    And it would give the mahdi the fun of destroying God’s people at his leisure. Say, after signing a nice peace treaty with Israel. And letting them rebuild their Temple. So that he can seat himself in it and declare himself to be god.

    In the meantime, we get to watch Obama stand imperiously in front of his gold brocade backdrop and say, “Oh, yes I did! I built that!”

  • atthebeach

    Rule of Law to be enforced – or Rule of Obama? The power of our Constitution; or the power of Obama? Justice must prevail here. And the next move is?

  • kafir4life

    There's good reason they call b.o. Stinky. It's because of that odor that b.o. exudes.