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Top Story — Jesse Helms Man Judge Sentelle Leads Three-Judge Panel to Reject Obama’s NLRB Recess Appointments

THE DECISION announced today is a stunning and very sobering end to an otherwise spectacular week. It is also wholly and completely political, proved through involvement of Chief Judge David Sentelle, who was responsible for Ken Starr’s appointment back during the Clinton witch hunt.

Read this oldie but a great one from James Carville to get the dirty political dish on politically corrupt Judge Sentelle.

From the Associated Press:

In a setback for President Barack Obama, a federal appeals court ruled Friday that he violated the Constitution in making recess appointments last year, a decision that could severely curtail the president’s ability to bypass the Senate to fill administration vacancies.

The three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said Obama did not have the power to make three recess appointments to the National Labor Relations Board because the Senate was officially in session – and not in recess – at the time. If the decision stands, it could invalidate hundreds of board decisions made over the past year.

The three-judge panel includes two appointees from both Presidents Bush, as well as one Reagan appointee.

As I’ve written before, chief Judge Sentelle is most notoriously remembered for the appointment of Ken Starr to investigate President Bill Clinton, though there’s also Iran-Contra. He’s been the subject of many writings of political writers acquainted with the history of the 90s.

In the fall of 1992, just weeks before Governor Bill Clinton defeated President George H. W. Bush in the November elections, Chief Justice Rehnquist made a quiet move that would forever reshape history. He replaced the elderly Judge MacKinnon with Judge David B. Sentelle, a fifty-on-year-old federal appeals judge in Washington known for his strong Southern, conservative Republican roots. Rehnquist also added Judge Joseph T. Sneed… who was even more conservative than Sentelle. — Ken Gormley, “The Death of American Virtue: Clinton v. Starr” (p. 152-153)

This is an outrageous political decision from the three-judge panel, led by Chief Judge David Sentelle, who long ago proved he cannot be trusted.

The court’s decision is a victory for Republicans and business groups that have been attacking the labor board for issuing a series of decisions and rules that make it easier for the nation’s labor unions to organize new members. [Associated Press]

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14 Responses to Top Story — Jesse Helms Man Judge Sentelle Leads Three-Judge Panel to Reject Obama’s NLRB Recess Appointments

  1. Marie205 January 25, 2013 at 6:32 pm #

    The republicans will stop at nothing to try and impeach the President. They hate that they lost to Bill Clinton twice and now even lost to a Black guy named Obama. I don’t understand how it was fine and good for George Bush and Regean to make recess appointments…but not Obama.

    I didn’t vote for Obama nor Mitt Romney last year, but Republicans have been acting disgusting.

    • Solo January 26, 2013 at 10:14 am #

      GOP hypocrisy surprises you? Reagan, their hero, raised taxes multiple times, believed in an assault weapons ban, gave amnesty to millions of the undocumented, raised the debt ceiling multiple times and believed in nuclear disarmament. However now that it’s a Democrat pursuing all those thing all of a sudden those are all socialistic and evil.

  2. Cujo359 January 25, 2013 at 7:24 pm #

    Good thing that the Senate Democrats respect the process so much that they don’t want to change any of this.

    • secularhumanizinevoluter January 25, 2013 at 10:31 pm #

      And exactly how pray tell would they “change any of this”? when it was a federal, granted a pea picking Jesse the Racist helms man but a Federal Judge who did this?

      • Cujo359 January 25, 2013 at 11:06 pm #

        The big reason for recess appointments, at least in this administration, has been to get around Republican Senate “obstructionism”, IOW, holding up approval of appointments for one reason or another.

  3. jjamele January 26, 2013 at 8:37 am #

    Yeah, I thought the point was kind of obvious-

    –Republican obstructionism forces Obama to make recess appointments or leave positions vacant,

    –Recess appointments declared Unconstitutional,

    –Republicans can now accuse Obama of violating the Constitution.

    –Democrats do nothing to change the Senate rules on obstructionism, so we can expect a lot more of this in the future. Obama has basically been told “don’t try to fill vacancies so governing can actually take place.”

    Pretty straightforward to me.

    • Solo January 26, 2013 at 10:20 am #

      What he said!

  4. secularhumanizinevoluter January 26, 2013 at 9:45 am #

    So it’s not DEMOCRATS but ONE Democrat aka Harry Reid.

    • jjamele January 26, 2013 at 9:57 am #

      Um, no- without a number of like-minded Democrats willing to back him on this issue, Reid’s personal opinion on the filibuster would not matter. He’s a convenient whipping boy and certainly deserves a lion’s share of the blame, but he’s not the only Senator with a “D” after his name responsible for killing filibuster reform.

    • Cujo359 January 26, 2013 at 2:01 pm #

      Reid isn’t Majority Leader For Life. If the Democrats in the Senate don’t like the job he’s doing, they can find another. Unlike the Speaker of the House, Reid’s position is dependent solely on the votes of his caucus. As jjamele notes, there are enough Democrats who are satisfied with the job he’s doing to keep him in office.

      At some point, you have to blame the problems of a politician on the people who vote for him, and we’ve reached that point with Reid and the Senate Democrats. They like the job he’s doing. It means they don’t have to do things they’d rather not do, like pass legislation that reins in the finance sector, not to mention the other things we sent them to DC to do and they won’t get done because the big money doesn’t want them to. Having the excuse of Republican obstructionism is better.

  5. DaGoat January 26, 2013 at 11:32 am #

    Seems to me this is an ad hominem attack on the judges with next to no discussion of the basis for the actual decision. There are legitimate arguments on both sides. Make no mistake I’m not defending the GOP obstructive behavior on the appointments. Every time Obama is given a new power you are essentially giving it to all future presidents with the accompanying potential for misuse.

    • Uh-oh January 26, 2013 at 7:44 pm #

      It was totally partisan. Please recall that GWB made a number of recess appointments (actually, he made 171)–but, oh well, I guess that those were all constitutional, however Obama’s were not.. Really???? I am soooo tired of this “team r vs team d” BS!

      • DaGoat January 27, 2013 at 12:27 am #

        “I am soooo tired of this “team r vs team d” BS!”

        Well me too. Both teams suck, which is why it’s better to focus on issues instead of parties. You are getting to the crux of the issue which is what defines a recess.

  6. secularhumanizinevoluter January 26, 2013 at 4:11 pm #

    Right…their decision was based on “is” and “the”……THAT is a legitimate argument?!!! BWAHAHAHAHA!

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