Monthly Archives: May 2013

Progress

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Recall that the DC Circuit had struck down President Barack Obama’s “appointment” of three of his folks to the NLRB, ruling in blunt terms that these appointments were unconstitutional since they had been made while the Senate was in session.

Now the 3rd Appellate Circuit, centering its opinion on the “appointment” of Craig Becker in March 2010, has expanded on that for its area of jurisdiction (Delaware, New Jersey, and Pennsylvania), ruling that rulings made by this unconstitutionally constituted board were without effect since the NLRB, lacking a quorum, had no capacity for issuing its rulings.  The 3rd Circuit’s ruling says in part

We hold that the “the Recess of the Senate,” in the Recess Appointments Clause refers to only intersession breaks.  As a consequence, we conclude that the National Labor Relations Board panel below lacked the requisite number of members [three] to exercise the Board’s authority.

The narrow outcome of the ruling is this:

…a disputed union election that occurred at a New Jersey nursing home.  The NLRB denied the nursing home’s motion that the board illegitimately forced the company to recognize unionized managers.  The Appeals Court ruled that the board did not have the authority to dismiss the motion because of the recess appointments.

The broader outcome of the ruling is to invalidate over 900 rulings issued by the NLRB while it had no quorum with which to do so, including more than 200 since the board’s current makeup was ruled unconstitutional by the DC Circuit, which has national jurisdiction in such matters.

This can have only salutary effects for our country.

The Morality of the Left, Redux

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Via Peter Baker of The New York Times, comes this…gem.  Baker quotes David Axelrod, long-time senior advisor to President Barack Advisor and heavy-hitting campaign supporter in 2012, as saying this:

[T]he reality is that while you want to be truthful, you want to be straightforward, you also want to be practical about whatever you’re saying.

So, the plain, unvarnished truth isn’t practical, is that it?

The Morality of the Left

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In response to the IRS’ appalling targeting of administration-disfavored groups applying for tax-exempt status, President Barack Obama’s senior advisor David Plouffe tweeted

David Plouffe ‏@davidplouffe 12 May

What IRS did dumb and wrong. Impt to note GOP groups flourished last 2 elections, overwhelming Ds. And they will use this to raise more $.

As The Wall Street Journal notes, all that matters in Plouffe’s moral world is

partisan advantage rather than…apolitical tax enforcement….

It’s clear to me from all of the scandals exploding in DC that this view of “morality” is typical of the Progressives and is not at all unique to Plouffe.

The rightness or wrongness of a thing is wholly unimportant.  What matters is whether any profit can be made from it, and what’s wrong about it is the other side collecting the profit.  So they say.

Just a Bunch of Low-Rent Chicago Hoods

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Here’s a short list:

  • Fast and Furious and Attorney General Eric Holder’s steadfast refusal to cooperate with Congress’ investigation of this crime
  • Department of Energy’s use of taxpayer money to loan millions to cronies at Solyndra, Fisk, A123, et al
  • President Barack Obama’s initial attempts to downplay the IRS’ politically targeting government-disfavored groups and men by holding up their tax-exempt applications and/or singling them out for “investigation:” “If the reported actions are true,” he said on the heels of the IRS admitting it had done these things and issued their faux apology
  • Obama’s “firing” of acting IRS Commissioner Steven Miller by allowing him to resign: Miller was resigning anyway in a couple of weeks, and he’s being allowed to stay on for a couple of weeks
  • For all that, IRS continues to collect tax data by trolling taxpayers’ digital activities, scraping eBay auctions, Facebook posts, and, for the first time ever, credit card and e-payment transaction records.
  • Obama’s dissembling about events surrounding Benghazi and the terrorist murders of our Ambassador and three others, including lies to the press, through Carney’s mouth, about “a single” talking point edit
    • the “penultimate point” from original talking points:
      • The Agency has produced numerous pieces on the threat of extremists linked to al-Qaeda in Benghazi and eastern Libya. These noted that, since April, there have been at least five other attacks against foreign interests in Benghazi by unidentified assailants, including the June attack against the British Ambassador’s convoy. We cannot rule out that individuals had previously surveilled the US facilities, also contributing to the efficacy of the attacks
    • State spokeswoman Victoria Nuland’s concern:
      • …the penultimate point could be abused by Members to beat the State Department for not paying attention to Agency warnings so why do we want to feed that either?
    • White House’s David Adams’ concurrence with Nuland:
      • I’m with Toria [Victoria]. The last bullet especially will read to members like we had been repeatedly warned
  • Obama’s politicizing the outcomes of the Benghazi and IRS failures, then claiming that it was the Republicans who were politicizing them by seeking the facts of these matters
  • DoJ’s secret seizure of AP phone records, which included those for phone lines in the House of Representatives press gallery—which means phone records of Congressmen talking with the press via telephone were included: DoJ was collecting communications records on Congressmen, too
  • HHS Secretary Kathleen Sebelius pushing, among other organizations, insurance companies (which she regulates) to contribute private monies to help make up the shortfall in government funding of the government’s insurance exchanges
  • Obama, et al., claiming that Republican budget cuts caused the Benghazi security failures, even though Deputy Assistant Secretary of State Charlene Lamb testified under oath before Congress that budgetary considerations were not a factor in her decision not to beef up Benghazi security
  • More than 2,200 illegal immigrants, over 600 of which had criminal records,  released earlier this year by DHS’ ICE, using the sequester as the excuse, and the release kept hidden from Congress for months until threat of subpoena

And Obama is the leader.