BOOM! Supreme Court Just Made SHOCKING Ruling Against Barack Obama!

BOOM! Supreme Court Just Made SHOCKING Ruling Against Barack Obama!

Hoo boy… the Supreme Court just ruled against Barack Obama’s unconstitutional appointment of National Labor Relations Board General Counsel Lafe Solomon after the Senate refused to vote on his nomination. Of course, nothing will happen to him, but it is a much deserved mark on his record and it shows he’s not a God and that there is a separation of powers at play here. Solomon was both the acting and nominated general counsel of the NLRB for three years and he was never voted on. That’s a no-no.

Obama’s actions here violated the Federal Vacancies Reformed Act of 1998, which restrains the president’s appointment power. Obama knew it and didn’t care. He figured he was above constitutional law. Sort of like staying at a Holiday Inn, he supposedly taught it. “We cannot cast aside the separation of powers and the Appointments Clause’s important check on executive power for the sake of administrative convenience or efficiency,” Roberts wrote in the ruling opinion. “The Judicial Branch must be most vigilant in guarding the separation between the political powers precisely when those powers collude to avoid the structural constraints of our Constitution,” the ruling continues.

From Western Journalism:

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The Supreme Court ruled Tuesday that President Barack Obama violated the Constitution by maintaining former acting National Labor Relations Board General Counsel Lafe Solomon after the Senate refused to vote on his nomination.

Obama named Solomon acting general counsel of the NLRB in June 2010 after Ronald Meisburg’s resignation the same month. Six months later, in Jan. 2011, Solomon was nominated to serve as the agency’s permanent general counsel.

However, the Senate refused to vote on Solomon’s nomination, leaving him as both the acting and nominated general counsel of the NLRB for three years until Richard Griffin’s confirmation in the fall of 2013.

The Supreme Court ruled Solomon’s status as both acting and nominated general counsel for the majority of his three-year tenure violated the Federal Vacancies Reformed Act of 1998, which restrains the president’s appointment power.

The FVRA prohibits an individual from serving as both the acting officer and permanent nominee of a position which requires Senate confirmation.

Chief Justice John Roberts ruled in the 6-2 decision that the appointment was an “end-run around” the Constitution.

This isn’t the first time Obama has done something like this. Five years ago, he unconstitutionally recess-appointed two NLRB board members while the Senate was still in session. He was ruled against then as well. As a result of that decision, it opened the door for employers and unions to challenge the more than 1,000 decisions issued by the NLRB during those board members’ time at the agency. Dozens of cases were reheard by the NLRB as a result. And yet, Obama didn’t hesitate to do it yet again.

This ruling will be unlikely to have the same consequences as the first one on Obama, but it does set a precedent for how presidents can fill vacancies. “The case is a reminder that the language of the FVRA statute means what it says and must be followed, not ignored by presidents, as appeared to be the case here,” labor attorney David Phippen told the Washington Free Beacon. “The decision … appears to make it somewhat more difficult for presidents to put ‘her or his people’ into important agency positions unilaterally, i.e., without approval of the Senate,” Phippen said.

“Moving forward, presidents will know that once they appoint certain acting officials to fill the same post permanently, the acting official will need to step down from the post until confirmed by the Senate,” wrote Fisher Phillips. “This decision will make it more difficult for presidents to place their preferred individuals in powerful administrative positions, particularly when the Senate fails or refuses to act on presidential appointments.” And even though Trump would like to do that, this is a good thing. Following the Constitution always is.

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Terresa Monroe-Hamilton

Terresa Monroe-Hamilton is an editor and writer for Right Wing News. She owns and blogs at NoisyRoom.net. She is a Constitutional Conservative and NoisyRoom focuses on political and national issues of interest to the American public. Terresa is the editor at Trevor Loudon's site, New Zeal - trevorloudon.com. She also does research at KeyWiki.org. You can email Terresa here. NoisyRoom can be found on Facebook and on Twitter.

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