The ruling was a blow to the administration and a victory for Mr. Obama’s Republican critics – and a handful of liberal ones – who had accused Mr. Obama of improperly claiming that he could make the appointments under his executive powers. The administration had argued that the president could decide that senators were really on a lengthy recess even though the Senate considered itself to be meeting in “pro forma” sessions.
But the court went beyond the narrow dispute over pro forma sessions and issued a far more sweeping ruling than expected. Legal specialists said its reasoning would virtually eliminate the recess appointment power for all future presidents when it has become increasingly difficult for presidents to win Senate confirmation for their nominees. In recent years, senators have more frequently balked at consenting to executive appointments. President George W. Bush made about 170 such appointments, including John R. Bolton to be ambassador to the United Nations and two appeals court judges, William H. Pryor Jr. and Charles W. Pickering Sr.
“If this opinion stands, I think it will fundamentally alter the balance between the Senate and the president by limiting the president’s ability to keep offices filled,” said John P. Elwood, who handled recess appointment issues for the Justice Department during the Bush administration. “This is certainly a red-letter day in presidential appointment power.”
Think Obama has a hard enough time appointing people now? Imagine how hard it’ll be if the ruling stands. FWIW, it cuts back a loophole in the current law that allows the president to appoint politicians without Senate approval, by scaling back the definition of the word “recess” in regards to executive power.
This is a fairly straightforward case under the National Labor Relations Act — whether it takes place on Facebook or at the water cooler, it was employees talking jointly about working conditions, in this case about their supervisor, and they have a right to do that.National Labor Relations Board acting general counsel Lafe Solomon • Explaining why they stepped in after an employee at American Medical Response of Connecticut, an ambulance service, was fired for criticizing her employer on Facebook. (She was upset that she wasn’t allowed counsel with her union, the Teamsters, and ended up ripping on her supervisor.) It’s the first time that a worker has been defended by the board specifically for Facebook-related reasons. While American Medical Response denies the allegations and claims they’re without merit, at least one powerful law firm sent an alert out to its corporate clients informing them that this could be a big problem for them – especially if their workers have unions. source (via • follow)