Smack Down #2 . . .

Recently the President lost his case on recess appointments to the National Labor Relations Board.  The Supreme Court held that the President can not determine the recess of the Congress as the Constitution puts that decision in the hands of the Congress or in other words separation of powers.  That meant all of those decisions rendered by the NLRB  since the placement of his members in valid.  Of course, with his majority in the Senate, these same people can be reinstated but they will have to visit all of their decisions again.

In making that decision the court further defined a recession appoint must occur while Congress is in recess.  That means the President can hold off his appointments until a valid recess, the position must occur during recess too.  Thus the President can not simply hold appointments in his pocket until Congress recesses.  That means all such appointments must go through the Senate.  It may be a farcical thing now, but times change and majorities change.  The President in doing what he did caused the Supreme Court to clarify what the Constitution says, thus he has caused the Presidential powers of appointment to be restricted.  Now a recess is a period of time defined as at least 10 days.

Today the Supreme Court ruled in favor of Hobby-Lobby and Conestoga (spelling) Wood Company where a closely held for profit corporation under the Religions Freedom Act as well as the Constitution do not have to fund female contraception.  It is limited to a small number of corporations but once again opens the door for corporations to be treated as "people" under the law.  I predict now there will be additional suits from churches, and other corporations to also limit their exposure to the Affordable Care Act not just for female contraception for other issues.  It is now being dismantled, step by agonizing step.

The BLAG suit will soon move forward and reach the Supreme Court.  That suit simply says the President can not willy-nilly change the law as he has done with a number acts.  He has chosen what to administer and what not to administer and in some case changed the dates of applications of the laws.  A president of the United States should not have such powers.  He can veto acts and require the process to undergo by Congress to override his veto.  But should be able to selectively apply the enacted law, law in which he personally has signed into law.  I think this will be another smack down for the current administration.