In 2012, President Obama named three members to the National Labor Relations Board, and did so while the administration claimed Congress was in recess. The case ended up at the Supreme Court, which has ruled against Obama.

The Court recognized that U.S. presidents do have the power to make recess appointments. However, in the specific NLRB case, SCOTUS ruled unanimously that President Obama’s recess appointments were improper because they weren’t made when Congress was in recess.

Yes, unanimously.

President Obama will offer a reaction as soon as this happens:


  • SawLogBackBone

    And we’re expecting WHAT to happen…….it’s par for the course with this administration.

    • NavyGal

      The golf courses where obumbles plays have adjusted what’s par for them because he’s such a poor player. When he makes par there, he just feels so good about himself. Excuse me, I need to go vomit.

      • MyrmidoNOT

        …self-defense mechanism??

      • ClinkinKY

        Not sure how true it is but I’ve heard that when he recently scored a hole-in-one he marked down a “zero” on his score card:)

        • NavyGal

          You know, with his pen and his phone, he could just call in his score.

      • Donald-Now2x/Sarc-w/0calories

        Huh, I’ve never heard of a par 67 hole on a golf course before. Maybe I should start playing golf again, I may finally shoot under par.

    • rogleecam

      this means that Boeing can move to North Carolina. BREAK UP ALL UNIONS! YEAH!

  • jim

    He’ll find out when he gets back from the golf course and he’ll be outraged and get to the bottom of it I’m sure.

    • QueenB

      I bet he will be able to find every single email ever sent that has anything to do with the case in any way.

    • discus_it

      And then promote the person who made that decision. (Wait, that’s him! More golf time!)

  • FreedomRecon

    Wow, some sanity, finally.

    • Ty in TX ✓ᵇᵒⁿᶦᶠᶦᵉᵈ

      About time SCOTUS reminded POTUS that they are indeed a branch of the government and that they can serve as a check on him.

  • SawLogBackBone

    We will find those responsible for this, and……..uh oh.

  • ClinkinKY

    Well, it’s pretty obvious now that the SCOTUS is a racist panel:) All 9 of them.

    • FreedomRecon

      Vast right wing conspiracy.

      • alanstorm

        A “right-wing” conspiracy so vast that it encompasses the left as well!

        The mind boggles….

      • Mary Mommy Happy 2016!

        Everything is always a phony conspiracy when a scandal happens to Obama.

        Liberals whine that the whole world is against Obama and anybody disagree with his action are racist.

    • Donald-Now2x/Sarc-w/0calories

      Especially that Thomas fellow.

  • William_Teach

    So, does SCOTUS require any action, like letting those appointees go? If not, Obama will simply ignore the ruling.

    • Zach Smith

      I would think the appointments are null and void, unless the ruling says otherwise. I would also think that anyone affected by the rulings of this board (and there have been some really bad ones) could sue to have them overturned, or simply ignore them until they get a new ruling from a legitimately constituted board.

  • Determined

    Good news to get this straight. but the power of Recess Appointments still stands.

    • ForTheRepublicOfDave

      “Shame he broke the law, but hey, at least he still has the power, right?”

      • Determined

        No, I am thinking of the bigger picture. Obama will be out of the office in 2.5 years. thinking of the balance of power with Executive and Legislative. What Obama did with Recess Appointments is the same that past presidents have done. I don’t make these things just about Obama, I look at the bigger picture.

        • FreedomRecon

          Except that the Senate was NOT in recess. So no, it’s not like what past presidents have done.

          • Determined

            intrasession recession appointments have been done by ALL 5 past Presidents. The length of time has been the difference. This was a 3 day break. The past presidents have done them with 10, 11, 14, etc day breaks.
            Now it has to be at least a 10 day break for a recess appointment.
            Balance of powers – SCOTUS has spoken and we have more definition. Good decision.
            President Truman and Teddy Roosevelt also made recess Appointments during brief breaks of 3 days and 1 day respectively.

          • alanstorm

            Yes, recess appointments have been done, but the key is that the Senate has to be, y’know, officially IN RECESS.

            One would think that an alleged “constitutional scholar” would know that.

            Well, he’ll know it when the news reports it.

          • Determined

            No, they just need to be in a break of at least 10 days. read the SCOTUS opinion. read past reports from US Justice Department on these pro-forma sessions:


          • alanstorm

            Please point out where in the linked document the “10 days” limitation appears.

            I’m not saying it’s not there, I’m saying I don’t have time to scan through it, and you seem to already done so.

          • Determined


            Read the opinion of the SCOTUS that was just released today. I think you can find time to read the first 5 page summary. if you care about this subject.
            It states “In light of historical practice, a recess of more than 3 days but less than 10 days is presumptively too short to fall within the Clause. The word “presumptively” leaves open the possibility that a very unusual circumstance could demand the exercise of the recess-appointment power during a shorter break.”

          • alanstorm

            Got it.

          • tops116 ✓Quipper

            Wow, you must be stomping your foot harder than Todd was.

          • Determined

            No, if you actually read my comments, you would realize and see I like this decision. While this has been in practice for 2 centuries, it is one of many gray areas that need to be clarified and I am glad the SCOTUS did so today.

          • Malcolm Reynolds

            have been done by ALL 5 past Presidents
            That’s sorta like visiting all 57 states, huh?

          • Determined

            No, no, not really.

          • Malcolm Reynolds

            Yea, I guess you’re right. He was only clueless by 7. You, Yikes!

          • David

            He was actually clueless by 10. He said he had already visited 57, had 1 to go (58), and two his staff wouldn’t let him go to (60).

        • ForTheRepublicOfDave

          Look at the bigger picture? You can’t even look at a fraction of the photo, much less “the bigger picture”

        • tops116 ✓Quipper

          “What Obama did with Recess Appointments is the same that past presidents have done”

          Odd, I don’t recall Bush declaring Congress in recess in order to get around pro-forma sessions and make whatever appointments he wanted. He only did recess appointments–gasp–when Congress was actually in recess. Thanks, Determined, for helping to illustrate that Obama was more lawless than Bush.

    • FreedomRecon

      Ahhh, but makes every decision the people he illegally appointed null and void.

    • grais

      But he can’t abuse it by using it “to overcome serious institutional friction.”
      He just got his fat butt smacked. And that’s a good thing.

    • tops116 ✓Quipper

      And the whole point of this ruling was Obama declaring Congress in recess when they weren’t. This was about an abuse of power, not the general concept of recess appointments.

      • Determined

        No, the President still has the power to declare the SENATE in recess if the break is 10 days or more even if they don’t say they are in recess. You should read the SCOTUS decision so you know what you are talking about.

        If you don’t care enough to read the whole thing (it is worth reading it all) you can just read the 5 page summary at the beginning.

  • Tgar

    Crickets……..the sound that will be the MSM on this…….

    • Chantele


      • tops116 ✓Quipper

        Tgar was talking about the MSM, not the Huffington Post. 😉

        But hey, thanks for stomping your foot about it.

    • Determined

      actually no – despite you thinking you don’t read these things – negative stuff against the president does get in the MSM. this is on the cover of CNN, HP, Fox News, etc.

      • tops116 ✓Quipper

        “negative stuff against the president does get in the MSM”

        Your phrasing makes it sound like a rare occurrence, though, as well as wishful thinking on your part.

        • Determined

          No. Not it doesn’t. how YOU “read” it is what makes you think that. That is called “personal bias.”

  • LR99

    Obumbo finds out SCOTUS has a pen but no phone!

  • Fed Up

    He’ll disobey the ruling anyway. That’s who he is.

  • Doc Farmer ✓ᵛᵉʳᶦᶠᶦᵉᵈ

    Oh, how I wanna see Der Schwarze Fuhrer squirm over this one!

    After which, of course, he’ll just ignore SCOTUS (as he has before) and blithely keep breaking the law, the Constitution, etc…

  • Mary Mommy Happy 2016!

    Awesome news and hope more of Obama illegal actions gets called unconstitutional.

    Off topic. Yesterday, John Boehner announced that Republicans will sue the president for exceeding his executive authority and for failing to faithfully execute the law of the land.

    What is everybody opinion on that?

    Do think they will actually have the guts to go all the way with the threat of suing Obama?

    • Fed Up

      If you delve deeper into what Boehner is proposing you’ll see that the suit has no real legal teeth. This is JB pandering. Surprise!

      • Mary Mommy Happy 2016!

        I know also that Obama minions Harry Reid and Eric Holder would do everything in their power to subterfuge the lawsuit sadly.

    • Ghee!

      He’s showboating. It’s political theater. He doesn’t have the kinnards to go through with it, neither does our party.

      • Mary Mommy Happy 2016!

        I agree and not impressed by John Boehner idle threats. John talks big, but always afraid take action against Obama illegal actions.

      • Malcolm Reynolds

        Yup. It ranks right up there with the meaningless obamacare repeal votes when they knew it would go nowhere and then quietly replacing the whole repeal thing with – leave it, lets “fix it”

    • alanstorm

      And how long will that take to play out? Longer than the remainder of his term. Any opposing bets?

      GML has it right.

    • Jay Stevens

      “What is everybody opinion on that?”

      Like the House drawing up impeachment articles, it is a waste of time.

      • Zach Smith

        Was this suit that Obama just lost also a waste of time?

        I think Obama is very vulnerable to lawsuits. Obama is arrogant enough to try to ignore court rulings, but I doubt others in his administration who are more vulnerable would be so inclined.

        • Jay Stevens

          You mean the Supreme Court decision?

          Don’t know, but it wouldn’t be the first time he has ignored an unfavorable court decision.

    • Acethepug

      Ideally? They should be using the powers they have, the Power of the Purse, and Impeachment. Sure, Impeachment will likely motivate the LiV Dem base against them, but if they are so afraid of that, then just defund agencies left and right, starting with the IRS and EPA. They’ve both proven they are corrupt to the core with the “dog ate my emails” approach, so take them at their word — they are too grotesquely incompetent to exist. So no money for them :) Rinse and repeat as necessary.

  • Macsen Overdrive

    Unanimous? I’m impressed. The liberal wing does right for once.

    • Michelle ✓classified

      Including a Justice he nominated.

  • Ghee!

    Does it not sadden everyone to think that it took a ruling by SCOTUS to confirm what we already knew?

    • MommaSweenDog

      It truly saddens, but does not surprise.

  • © Sponge

    John Hayward wins the internet for 1 day.

  • Sanchez

    ARTICLE 1 of Obama’s Impeachment!

  • alanstorm

    “The key to the appointment power will be the senate calendar — so long
    as the senate says it is in session, recess appointments are blocked”

    Yeah, but that was ALREADY the case, and he tried anyway.

  • SisterMary

    Wait. What? He reads??? I thought he got his news from TV?

  • nc ✓s & balances

    Knock knock!
    Who’s there?
    It’s SCOTUS – sending POTUS a message at long last.

  • Michelle ✓classified

    Unanimously? Even one of his own nominees voted against him. Dats a whole buncha awesome right there.

  • Ty in TX ✓ᵇᵒⁿᶦᶠᶦᵉᵈ

    Well. . . . now that appointments have been declared improper, do they have to pay back 2yrs worth of their governmental salary?

    • Zach Smith

      More importantly, does this invalidate all the outrageous rulings this board has made?

      • Ty in TX ✓ᵇᵒⁿᶦᶠᶦᵉᵈ

        That should be a given. But sadly I’d wager really money that Obama will try to argue that though improperly appointed, their decisions were necessary and should be allowed to stand.

  • BlahBlah

    Whose fault will it be this time?

    • MyrmidoNOT

      “teh oone’s” pen and phone “acted stupidly”…
      (and are on his ‘naughty’ list).

      That; or the SCOTUS “shoved ’em”…where the sun don’t shine.

  • Republicanvet

    Awww, I bet the little “Constitutional Scholar” will be so sad.

    • MyrmidoNOT

      …too bad.
      Note to Republicanvet: I have a really really
      high tolerance…for his pain. Really.

    • FirstBoot

      Barry is more of a “Constitutional Scofflaw.”

  • Republicanvet

    A unanimous ruling will make it a little tough for the left to whine about judicial activism.

    • drw

      Give em time, they’ll figure out some way to blame this on the GOP.

  • LoneWolf

    Impeach Barry

  • Fired Up

    Chuck Todd tomarrow…”Where is the victim here?”

  • Hotlanta Mike

    ‘Ted Cruz: SCOTUS Unanimously Strikes Down Obama’s Executive Overreach for the 12th Time Since January 2012’

    Ted Cruz puts today’s NRLB ruling in perspective:

    “Today, the Supreme Court invalidated President Obama’s unlawful abuse of the President’s recess appointments power. President Obama ignored the plain text of the Constitution and attempted to make unilateral recess appointments—circumventing the checks and balances of confirmation—when the Senate was not, in fact, in recess. Today, a unanimous Court rightly rejected that presidential abuse of power. This marks the twelfth time since January 2012 that the Supreme Court has unanimously rejected the Obama Administration’s calls for greater federal executive power.”

    • Wonder Pony

      Now if they can only reject his 3473 OTHER illegal abuses of power they may be able to start making a dent in the Reign of Woe.

  • Jill

    It’s a pretty sad state of affairs when no one is really surprised that Obama violated the Constitution.

    • MyrmidoNOT

      …betcha “teh oone” is ‘surprised’…
      Kinda nice he’s “learning from history”…aka FDR;
      don’t p!ss off the ‘other’ branch (SCOTUS).

  • rogleecam

    John Hayward’s comment wins the day! cracked me up with “wait til Obama reads it in the paper.” hahahaha

  • Hey, That’s Pretty Good

    If I had a dollar for every time Obama broke the law or overstepped his authority, or lied, I’d be a wealthy man.

    • Blake Waymire

      Wealthy? You’d be so rich that the IRS would forget all about the Tea Party and spend all resources on stealing money from you.

    • reddarin

      Or you’d be an Obamao donor. They seem to do pretty good financially after making their tithe to Team Obamao.

  • rogleecam

    Craig’s list: America for sale, contact Barrack @ WH. ph # 00eye8-1-2

  • Jay Stevens
  • reddarin

    I bet he spits his coffee all over his laptop late tomorrow morning when he finally gets out of bed for breakfast (which seems to frequently be around 10am per his official schedule).

    • rogleecam

      I don’t think it phased him. he will continue to ignore the SCOTUS like he did in IRS Scandal

  • Wonder Pony

    Voxsplains headline tomorrow: Supreme Court RACIST!

    • rogleecam

      SCOTUS better get ready for that IRS audit!

    • tops116 ✓Quipper

      They’re probably just gonna pick on Clarence Thomas.

  • rogleecam

    After being on his knees most of his life, he’s constantly looking for a “back door”!

  • AmericanLass

    O will say SCOTUS is running amouck with our freedoms and he will do everything in his power to make sure you won’t have any of it…….freedom that is.

  • FlatFoot

    Ladies and Gentlemen! Your attention please! The United States of America is proud to present Constitutional Scholar, Constitutional Professor and esteemed “Preezy of the United Steezy” Barack Hussein Obama!


    Supreme Court unanimous decision… even his Wise Latina SCOTUS appointment agrees… Barack Hussein Obama is a constitutional scofflaw that doesn’t know our U.S. Constitution any better than he knows the menu at the Dog n’ Waffle Breakfast House… and certainly doesn’t believe he even has to because he can do wtfever he wants, he’s the goshdarn black Batman, you “racists“.

  • tops116 ✓Quipper

    Ya think his aides might try to read the newspaper to him? “Why, yes, sir. They did exactly as you wanted to. Now excuse me while I burn this paper for absolutely no reason.”

  • Texan357

    “Obama does something unconstitutional” is such a dog-bites-man story…

  • kbielefe

    We should cut Obama some slack about always finding things out via newspaper. Apparently, every form of electronic communication in the executive branch is horribly broken.

  • Lyle E Long

    no one will be angrier than Obama when he finds out

  • Donald-Now2x/Sarc-w/0calories

    All nine judges? Can you say Shrillary slapped? (It used to be b*i*t*c*h* slapped, but it has since been updated)

  • Belinda Henry

    Did Obama find out yet? Who will tell him?

    • H50 ✓RAT

      There might be an intern pooping in the hallway that could do it.

  • H50 ✓RAT

    Another unanimous decision, that doesnt happen often, let alone twice in one day.

  • delroymonjo

    “Obama insults Supreme Court with uncivil remarks”
    2:22 pm January 28, 2010

    Coming home to roost?

  • Hetero Lingo

    Ultimately, it’s up to each of us to build the shining city:

  • SonofLiberty

    So are the 3 Amigos still in office or have the bums been thrown out?