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January 18, 2012
Will the courts rein in Obama's illegal recess appointments?
One would hope so, but nothing is certain when so many courts are besotted with ideological judges who can find any excuse to empower this president. The Hill: Some legal experts, including those who have sided with President Obama on other constitutional issues, think there is a good chance the courts could overturn his recent recess appointments. Legal experts said courts could invalidate Obama's appointments to the Consumer Financial Protection Bureau (CFPB) and National Labor Relations Board (NLRB) because there is scant precedent on the issue. "It's untested ground. If I were a judge, I could write out an opinion either way. There's no clear precedent," said Charles Fried, a constitutional expert at Harvard Law School who served as solicitor general under former President Reagan. The Justice Department has argued that the pro forma sessions the Senate has held since Dec. 17 do not constitute genuine sessions of work and that the upper chamber has been, for all practical...(Read Full Post)