(NationalSentinel) Supreme Court: Though he is no longer serving as president, one-time “constitutional law lecturer” Barack Obama’s record of subverting the nation’s founding document continued this week, as the U.S. Supreme Court struck down as unconstitutional an agency appointment he maintained even though the Senate had never confirmed it.
As reported by the Washington Free Beacon, even liberal justices including one appointed by Obama found his action improper:
The court ruled Tuesday that Obama appointee Lafe Solomon illegally served as acting general counsel to the National Labor Relations Board from 2010 to 2013. Solomon, who once violated the agency’s ethics rules, should have vacated the position in accordance with the Federal Vacancies Reform Act of 1998 (FVRA) after the Senate refused to take up his nomination to serve as permanent general counsel in 2011, the court found in a 6-2 opinion authored by Chief Justice John Roberts. The appointment was an “end-run around” the Constitution.
“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,” the majority ruled.
The decision came less than five years after the court unanimously ruled that Obama unconstitutionally recess-appointed two Democratic attorneys as NLRB board members while the Senate was still in session. That decision allowed employers and unions to challenge more than 1,000 decisions issued during those board members’ brief tenure at the agency. The NLRB reheard dozens of cases as a result.
Justices Sonia Sotomayor and Ruth Bader Ginsburg dissented from the decision, writing that Obama acted within his authority to fill the general counsel vacancy, which was not properly filled until October 2013 when the Senate confirmed Richard F. Griffin, one of the NLRB board members at the center of the recess appointment case.
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That means liberal Justices Steven Breyer and Elena Kagan, the latter an Obama appointee, agreed with the conservative majority that the former president, once again, acted outside the constitutional scope of his office. That’s important to note going forward, considering the court is currently evenly divided 4-4, ideologically.
If Judge Neil Gorsuch is confirmed, though, that would give conservative constitutionalists a 5-4 majority once again, which would be a great thing for the country.