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Sunday, December 02, 2012

Courts - "Courts to hear challenges to Obama recess appointments"

Two of those challenges were hear by the 7th Circuit on Friday, according to this lengthy Nov. 29th story by Sam Hananel of the AP. Some quotes:

WASHINGTON (AP) — In a major test of presidential power, federal appeals courts are starting to hear legal challenges to President Barack Obama's decision to bypass the Senate in appointing three members to the National Labor Relations Board.

The challenges in more than two dozen labor cases around the country have been winding their way through the legal system since Jan. 4, when Obama moved to fill vacancies on the board under the constitutional provision for filling an office when Congress is in recess.

Obama's move outraged business groups and Republican leaders, who contend the appointments were unconstitutional because the Senate was technically in session when the president acted. Administration officials say the Senate was actually in a 20-day recess, and the tactic of gaveling in and out of session every few days solely to avoid being in recess was a sham.

The 7th U.S. Circuit Court of Appeals in Chicago will be the first court to hear oral arguments on the issue Friday. * * *

In the 7th Circuit, the court is hearing two consolidated cases in which the NLRB found that union officials interfered with workers' rights not to join a union or pay union dues. The National Right to Work Foundation is appealing the board's decision in part based on the recess appointments.

The oral argument held Nov. 30th in Douglas Richards v. NLRB (12-1973) is available via MP3 here.

Posted by Marcia Oddi on December 2, 2012 06:41 PM
Posted to Ind Fed D.Ct. Decisions