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The PJ Tatler

by
Bryan Preston

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June 26, 2014 - 7:54 am

9-0 — Massachusetts’ abortion clinic “buffer zones” literally go too far.

The court ruled unanimously that Massachusetts went too far — literally — when it created 35-foot buffer zones around abortion clinics to keep demonstrators away from patients.

The decision united Chief Justice John Roberts and the court’s four liberals. The other conservatives would have issued a more sweeping ban on laws that restrict abortion protests.

Although the court had upheld an eight-foot buffer zone in Colorado in 2000, the Massachusetts law passed in 2007 went 27 feet farther. During oral arguments in January, that had even the court’s liberal, female justices wondering if the Bay State had gone too far. “That’s a lot of space,” Justice Elena Kagan said.

But perhaps more importantly, SCOTUS went 9-0 in knocking out President Obama’s recess appointments, made when the Senate was not actually in recess.

In a rebuke to President Barack Obama, the Supreme Court struck down three of his recess appointments to the National Labor Relations Board as unconstitutional.

The decision gives the Senate broad power to thwart future recess appointments, but did not go as far as some conservatives hoped to undercut the president’s ability to fill vacant executive branch posts and judicial slots.

The Senate already had that power. Obama was attempting to get around it.

The court ruled 9-0 that Obama’s appointments were unconstitutional because the Senate was not truly in recess when he made them during a three-day break in pro forma meetings of the Senate.

Four of the justices would have gone further, ruling that the president exceeded his authority because the vacancies did not arise during that break and because the president’s recess appointment power only occurs during breaks between usually year-long sessions of the Senate, but five justices would not accept those arguments.

 

Bryan Preston has been a leading conservative blogger and opinionator since founding his first blog in 2001. Bryan is a military veteran, worked for NASA, was a founding blogger and producer at Hot Air, was producer of the Laura Ingraham Show and, most recently before joining PJM, was Communications Director of the Republican Party of Texas.
Top Rated Comments   
I bet FCMABBHO isn't too happy with the wise Latina today.
11 weeks ago
11 weeks ago Link To Comment
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Pivoting to Hillary.

Obama is in divorce proceedings from the Clinton Democrats and he doesn't understand why he's sleeping on the couch.

Making Hillary and the Democraatic Party appear "moderate" after six years of totalitarian buildup ... and provide cover for her active participation the Obama Cabal.
11 weeks ago
11 weeks ago Link To Comment
Overall, a surprisingly good week for first amendment rights and constitutionalism from the Supreme Court…Monday, you understand, will necessarily need to be a disaster…because we aren't allowed to be happy.
11 weeks ago
11 weeks ago Link To Comment
In the end, the Obama administration just pissed away hundreds of millions of taxpayer dollars because of a fit of pique…and managed to simultaneously weaken a presidential power (which is probably a good if but unintended consequence).

The appointments were clearly and obviously illegal…everyone who wasn’t a partisan hack knew they were clearly and obviously illegal…his own appointments to the Supreme Court knew they were clearly and obviously illegal.

But the stupid man-child was annoyed with congress and decided to throw a tantrum.

Now will come a legion of lawsuits and counter-lawsuits and counter-counter-lawsuits as all of the decisions the clearly and obviously illegal NLRB issued during this time are challenged and invalidated.

What a waste of taxpayer money…as well as the hidden cost of resources wasted by business defending themselves instead of hiring and producing.
11 weeks ago
11 weeks ago Link To Comment
I bet FCMABBHO isn't too happy with the wise Latina today.
11 weeks ago
11 weeks ago Link To Comment
Perhaps she is inoculating herself for some future eventuality.

She may also be starting to realize that her term on the Court will extend far beyond the Fool's term as president.
11 weeks ago
11 weeks ago Link To Comment
"Perhaps she is inoculating herself for some future eventuality."

Scottch mentioned in the cell phone thread yesterday that that decision could be a way to back off criticism for an adverse ruling on the Hobby Lobby case.
11 weeks ago
11 weeks ago Link To Comment
I think the correct decision was so obvious, she had no choice. I mean, how would you even write a dissenting opinion? Obama’s case was essentially: Because I say so! It was nonsense…
11 weeks ago
11 weeks ago Link To Comment
A couple of b!tch slaps does a body politic good!!

And both unanimous!

I can hear the institutional Left weeping already.

Gotta love it.
11 weeks ago
11 weeks ago Link To Comment
Something very strange is going on.
11 weeks ago
11 weeks ago Link To Comment
Yes, someone yelled

The King is naked !

11 weeks ago
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