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Senate Republicans File Amicus Brief in Suit Over Unconstitutional Recess Appointments

‘The President’s decision to circumvent the American people by installing his appointees at a powerful federal agency while the Senate was continuing to hold sessions, and without obtaining the advice and consent of the Senate, is an unprecedented power grab,” Sen. McConnell said. “We will demonstrate to the Court how the President’s unconstitutional actions fundamentally endanger the Congress’s role in providing a check on the excesses of the executive branch.’

 

WASHINGTON, D.C. – U.S. Senate Republican Leader Mitch McConnell announced today that he and 41 of his Senate colleagues filed an amicus brief in a challenge (Noel Canning v. NLRB) to the constitutionality of President Obama’s so-called “recess” appointments to the National Labor Relations Board in January. The case is pending in the U.S. Court of Appeals for the D.C. Circuit.

 

The suit is being brought by Noel Canning, a local, family-owned business in Washington State that bottles and distributes soft drinks. The company is challenging the NLRB’s determination that it must enter into a collective bargaining agreement with a labor union.

 

“The President’s decision to circumvent the American people by installing his appointees at a powerful federal agency while the Senate was continuing to hold sessions, and without obtaining the advice and consent of the Senate, is an unprecedented power grab,” Sen. McConnell said. “We will demonstrate to the Court how the President’s unconstitutional actions fundamentally endanger the Congress’s role in providing a check on the excesses of the executive branch.”

 

The 42 Senate Republicans retained former Assistant to the Solicitor General Miguel Estrada to file the amicus brief. Mr. Estrada is a partner in the Washington, D.C., office of Gibson, Dunn & Crutcher and serves as Co-Chair of the firm’s Appellate and Constitutional Law Practice Group.

About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog.Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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