(Washington, DC) – Judicial Watch announced today that on November 25, 2013, it joined with the Allied Educational Foundation (AEF) in filing an amici curiae brief with the United States Supreme Court in support of a U.S. Court of Appeals decision that the Obama National Labor Relations Board (NLRB) appointments of January 2012 violated the Constitution’s Recess Appointments Clause (National Labor Relations Board v. Noel Canning, et. al (No. 12-1281)).
According to the Judicial Watch/AEF amici brief:
The President’s alleged Recess
appointments to the NLRB are unconstitutional for the primary reason
that the Senate was in session at the time of the purported
appointments… The President’s declaration that these sessions were
invalid disregards the Senate’s authority to determine and administer
its own procedures, including when it will recess and how it will
conduct its business.
I. The constitutional text is clear and consistent with the Framers’ intent that recess appointments are restricted to the recess between Senate sessions.
The Court [of Appeals] correctly pointed
to the significant distinction of the Framers’ use of “the Recess,”
rather than “a recess.” “Then, as now, the word ‘the’ was and is a
definite article…’noting a particular thing…’” “As a matter of cold,
unadorned logic, it makes no sense to adopt the Board’s proposition that
when the Framers said ‘the Recess,’ what they really meant was ‘a
recess.’”
(Click link below to read more) READ MORE Sphere: Related Content
No comments:
Post a Comment