David French
The Corner
National Review Online
6/26/2014
Two decisions. Two unanimous Obama administration defeats. Two cases where years of leftist sophistry were undone by short paragraphs of basic constitutional common sense. First, in NLRB v. Canning, the Supreme Court answered a simple question — was the Senate in session when the Obama administration tried to pack the NLRB through recess appointments? Here’s Justice Breyer:
We hold that, for purposes of the Recess Appointments Clause, the Senate is in session when it says it is, provided that, under its own rules, it retains the capacity to transact Senate business.
Well, yes. And let’s not forget that the NLRB and Obama administration strenuously and purposefully not only argued that the House and Senate don’t truly define when they’re in recess, they also pressed on through years of litigation, conducting regulatory business through an NLRB that was manifestly and obviously improperly constituted. The damage to the rule of law, not to mention the Board itself, is considerable…
The article continues at National Review Online.
