Monday, January 28, 2013

Obama's Disingenuous Use Of Recess Appontments To NLRB Invalidates Hundreds of Decisions

Finding that Obama's recess appointments failed to comport with Constitutional requirements, the DC Court of Appeals has effectively struck down every NLRB decision issued since January 2012. In a altogether too rare decision, but one welcomed and important, the Court of Appeals relied on the wording of the Constitution, refusing to substitute its judgment for those of the Founders.

In Novell Canning v. NLRB (D.C. Cir. 1/25/13), Chief Judge Sentelle noted in his majority opinion:

"In any event, if some administrative inefficiency results from our construction of the original meaning of the Constitution, that does not empower us to change what the
Constitution commands. ...

"The power of a written constitution lies in its words. It is those words that were adopted by the people. When those words speak clearly, it is not up to us to depart from their meaning in favor of our own concept of efficiency, convenience, or facilitation of the functions of government."

Other than appeal to the Supreme Court, which Obama has vowed to do, it is unclear what the NLRB will do now, other than continue to issue facially invalid and unenforceable decisions.