Re: The Power of SCOTUS V: The Final Frontier
Recess appointments must be made during an actual recess. That must have been a tough one.
Recess appointments must be made during an actual recess. That must have been a tough one.
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The Power of SCOTUS V: The Final Frontier
- Thread starter unofan
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Re: The Power of SCOTUS V: The Final Frontier
As a raging smug liberal I don't have a big issue with these decisions. Dems did use that stupid trick to keep the Senate in recess so what's good for the goose and all that....
I couldn't tell you why 15 feet is okay but 35 is not for a circle away from an abortion clinic, but you would theoretically have to pick some distance to go with.
Both of these decisions were unanimous which gives me some comfort that ideological BS wasn't driving the bus.
As a raging smug liberal I don't have a big issue with these decisions. Dems did use that stupid trick to keep the Senate in recess so what's good for the goose and all that....
I couldn't tell you why 15 feet is okay but 35 is not for a circle away from an abortion clinic, but you would theoretically have to pick some distance to go with.
Both of these decisions were unanimous which gives me some comfort that ideological BS wasn't driving the bus.
Re: The Power of SCOTUS V: The Final Frontier
Any idea on how many NLRB rulings are invalidated by this decision? Certainly the ruling in Canning is out.
Any idea on how many NLRB rulings are invalidated by this decision? Certainly the ruling in Canning is out.
unofan
Well-known member
They were unanimous in judgement, but not scope. That's why Scalia was throwing a hissy fit. On recess appointments, he and the other members of the right wing wanted to create a rule that the vacancy itself had to arise during a recess, effectively neutering the power. They were only one vote short of doing that. He read a 7 page statement from the bench to explain why in his usual bombastic self. He treated it as a dissent on the bigger issue, even though it was a concurrence in the particular outcome.
Likewise, the concurrences on the abortion case really wanted to stick it to mass since it involved abortions. Don't think he read that one from the bench, though.
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bronconick
Yep, still here
Re: The Power of SCOTUS V: The Final Frontier
These endless recess over positions is going to turn us into Belgium, aren't they?
These endless recess over positions is going to turn us into Belgium, aren't they?
Kepler
Cornell Big Red
Re: The Power of SCOTUS V: The Final Frontier
I'm fine with the first decision. Recess appointments seems like a petty (and obvious) violation of the separation of powers -- the goose/gander rule dictates they be stopped.
I just don't know enough about the second ruling. On the one hand, speech protection is important. On the other, sometimes (as in this case) "speech" is just a cover for harassment.
I'm fine with the first decision. Recess appointments seems like a petty (and obvious) violation of the separation of powers -- the goose/gander rule dictates they be stopped.
I just don't know enough about the second ruling. On the one hand, speech protection is important. On the other, sometimes (as in this case) "speech" is just a cover for harassment.
Re: The Power of SCOTUS V: The Final Frontier
What's the point? Now that these people have been confirmed they'll just re-affirm the decisions.
What's the point? Now that these people have been confirmed they'll just re-affirm the decisions.
Re: The Power of SCOTUS V: The Final Frontier
7-11 1 Nanny Bloomberg 0
http://www.wtop.com/?nid=893&sid=3651577
7-11 1 Nanny Bloomberg 0
http://www.wtop.com/?nid=893&sid=3651577
ericredaxe
Veteran
Re: The Power of SCOTUS V: The Final Frontier
I think the Westboro Baptist Church idiots were protected by the court, so I guess there is no surprise on this decision.
I think the Westboro Baptist Church idiots were protected by the court, so I guess there is no surprise on this decision.
Re: The Power of SCOTUS V: The Final Frontier
I'm also not so sure that it will be as simple as expected in RoverWorld where the now lawfully appointed Commissioners simply rubber stamp the 1718 decisions and move on. IIRC, some of the recess appointments stayed on and have been lawfully appointed. However others have moved on to other positions. Thus, the present Board consists of a number of members who played no role or part in many of the 1718 decisions. I expect that means they basically have to start over on those.
The number that I saw at one point was 1718 decisions. But I also think the issue is more complicated than a sizable batch of void decisions. I think the NLRB does other things like issues injunctions, makes rules, etc..., all of which are now called into question.
I'm also not so sure that it will be as simple as expected in RoverWorld where the now lawfully appointed Commissioners simply rubber stamp the 1718 decisions and move on. IIRC, some of the recess appointments stayed on and have been lawfully appointed. However others have moved on to other positions. Thus, the present Board consists of a number of members who played no role or part in many of the 1718 decisions. I expect that means they basically have to start over on those.
Re: The Power of SCOTUS V: The Final Frontier
Any chance Hobby Lobby does the same later this morning?
Re: The Power of SCOTUS V: The Final Frontier
I would guess the possibility exists - which will be a great help for the employees of the company.
One of my wife's clients is a small company and the owner is a devout Catholic. They employ mostly immigrants who have good dexterity but no other real skills for assembly jobs. He has always been very generous to his staff, had great health care for such a small company and unskilled labor force. When ACA took effect he joined a lawsuit but eventually simply dropped the healthcare plan and gave everyone a raise equal to what he had been paying for the plan. He had his brokers try to help people find coverage. Had his company been large enough to be required to provide a health care plan I'm not sure what he would have done. My guess would be to outsource assembly overseas or sell out to larger firm who then would have sent the assembly overseas. All of that would have been a great boon to the staff - as they went on unemployment.
Any chance Hobby Lobby does the same later this morning?
I would guess the possibility exists - which will be a great help for the employees of the company.
One of my wife's clients is a small company and the owner is a devout Catholic. They employ mostly immigrants who have good dexterity but no other real skills for assembly jobs. He has always been very generous to his staff, had great health care for such a small company and unskilled labor force. When ACA took effect he joined a lawsuit but eventually simply dropped the healthcare plan and gave everyone a raise equal to what he had been paying for the plan. He had his brokers try to help people find coverage. Had his company been large enough to be required to provide a health care plan I'm not sure what he would have done. My guess would be to outsource assembly overseas or sell out to larger firm who then would have sent the assembly overseas. All of that would have been a great boon to the staff - as they went on unemployment.
Any chance Hobby Lobby does the same later this morning?
Remember the issue is can the government compel behavior that defies an owner's religious beliefs.
Which ever way it goes, it's going to be 5 - 4. And, if the majority opinion wrangles in the 14th Amendment, a can of worms gets opened.
Re: The Power of SCOTUS V: The Final Frontier
The Hobby Lobby case will get all the publicity, but will probably have very little real impact for most of us. The Harris case, on the other hand, has the chance to be a real game changer.
Yeah, I was making a joke, only because my wife goes into that store all the time. I made the mistake of going in once.
The Hobby Lobby case will get all the publicity, but will probably have very little real impact for most of us. The Harris case, on the other hand, has the chance to be a real game changer.
Re: The Power of SCOTUS V: The Final Frontier
Because, as everyone knows, the right to have someone else pay for one's contraception is a right fundamentally guaranteed by the Constitution.
Because, as everyone knows, the right to have someone else pay for one's contraception is a right fundamentally guaranteed by the Constitution.
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