Johanns, Senate Republicans Ask Supreme Court to Consider President’s Unconstitutional “Appointments”

 

WASHINGTON – U.S. Sen. Mike Johanns (R-Neb.) today joined Senate Republican Leader Mitch McConnell (R-Ky.) in filing an amicus brief with the United States Supreme Court in a case challenging the constitutionality of President Obama’s so-called “recess appointments” to the National Labor Relations Board (NLRB) in January 2012. The NLRB lost the case in the United States Court of Appeals for the D.C. Circuit and has asked the Supreme Court to hear the case.
“Two courts have now ruled that President Obama crossed the line here,” Johanns said. “This unconstitutional overreach seems to be clear to nearly everyone involved – except the President and these so-called appointees, that is.
“Since neither the Administration nor the NLRB is willing to act responsibly and reverse the hundreds of decisions made by these illegitimate board members, we’re asking the Supreme Court to examine all the constitutional issues involved in this case so businesses don’t waste time complying with invalid NLRB rulings instead of creating jobs.”
Click HERE to read the amicus brief.
The suit is being brought by Noel Canning, a family-owned business in Washington State.
Earlier this year, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously ruled President Obama’s so-called 2012 “recess appointments” to the NLRB were unconstitutional. The Court said, “Allowing the President to define the scope of his own appointments power would eviscerate the Constitution’s separation of powers.” Earlier this month, the U.S. Court of Appeals for the 3rd Circuit ruled a so-called “recess appointment” in March 2010 by President Obama to the NLRB, Craig Becker, was invalid. The Court ruled (2 to 1) that a “recess” of the Senate applies only to inter-session recesses of the Senate, not to intra-session recesses of the Senate. The court agreed with the D.C. Circuit in the Noel Canning case.
Johanns sent LETTERS to Sharon Block and Richard Griffin of the NLRB insisting that they step aside following the court rulings. He also send a letter to Richard Cordray, who has been acting as the  Director of the Consumer Financial Protection Bureau under the same circumstance.
The Circuit Courts did not address the Cordray appointment because the cases filed in their courts were against the NLRB.