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The PJ Tatler

by
Stephen Green

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January 25, 2013 - 8:13 am

Want some good news? I know I sure could use some, so here you go:

The U.S. Court of Appeals for the D.C. Circuit says Obama did not have the power to make recess appointments last year to the National Labor Relations Board.

Obama claims he acted properly because the Senate was away for the holidays. But the court says the Senate technically stayed in session when lawmakers gaveled in and out every few days for so-called “pro forma” sessions.

GOP lawmakers used the tactic specifically to prevent Obama from using his recess power to fill vacancies in an agency they claimed was too pro-union.

The Obama administration is expected to appeal the decision to the Supreme Court.

The only worry is if Chief Justice Roberts finds some way to label the appointments “a tax.”

Stephen Green began blogging at VodkaPundit.com in early 2002, and has served as PJMedia's Denver editor since 2008. He's one of the hosts on PJTV, and one-third of PJTV's Trifecta team with Scott Ott and Bill Whittle. Steve lives with his wife and sons in the hills and woods of Monument, Colorado, where he enjoys the occasional lovely adult beverage.
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