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(Talking Points Memo)   Will conservative judges nullify Obama's recess appointments? Will they be called "activist" judges if they do so?   (tpmdc.talkingpointsmemo.com) divider line 24
    More: Asinine, President Obama, recess appointments, Ma Ying-jeou, Richard Cordray, CFPB, Seton Hall University, National Labor Relations Board, Senate confirmation  
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668 clicks; posted to Politics » on 28 Jan 2013 at 10:54 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-01-28 10:46:01 AM  
these guys do realize that this WILL be used against a Republican president in the future, yes?  I mean if we ever have another Republican president again that is...which could happen.  In theory.  Some day.  Maybe.
 
2013-01-28 10:52:08 AM  
Considering that this has been going on for 20 years and that it suddenly became an issue when a few billionaires lost a fight to a union?  Then Yes on both counts.
 
2013-01-28 10:56:06 AM  
How about the Senate change their rules and stop filibustering every damn thing, including their own bills because their bluff got called
 
2013-01-28 10:57:47 AM  
It won't happen. It just won't.
 
2013-01-28 10:58:32 AM  
No. Only Liberal judges are "activist" judges. Conservative judges are Strict Constructionists. Just ask them, they'll tell you so.
 
2013-01-28 11:00:03 AM  
Activist judge...

Conservative Definition: Judge who creates legislation from the bench.

Liberal Definition: Judge who rules against them.
 
2013-01-28 11:01:53 AM  

randomjsa: Activist judge...

Conservative Definition: Judge who creates legislation from the bench.

Liberal Definition: Judge who rules against them.


Close...
 
2013-01-28 11:02:03 AM  

Weaver95: these guys do realize that this WILL be used against a Republican president in the future, yes?  I mean if we ever have another Republican president again that is...which could happen.  In theory.  Some day.  Maybe.


I think the game plan now is gerrymander their way into a state legislature supermajority, then game the system from there - possibly up to and including some constitutional shenanigans.
 
2013-01-28 11:02:14 AM  

randomjsa: Activist judge...

Conservative Definition: Judge who rules against them

 

Liberal Definition: Judge who creates legislation from the bench

you had those definitions reversed.  I fixed it for you tho.
 
2013-01-28 11:04:23 AM  

incendi: Weaver95: these guys do realize that this WILL be used against a Republican president in the future, yes?  I mean if we ever have another Republican president again that is...which could happen.  In theory.  Some day.  Maybe.

I think the game plan now is gerrymander their way into a state legislature supermajority, then game the system from there - possibly up to and including some constitutional shenanigans.


that's insane.  even assuming the plan goes perfectly, it's a holding action at best.  demographic shifts will make that plan obsolete within a generation.  in fact, if population shifts occur more rapidly than the GOP plans, then they could end up being hoisted by their own petard.
 
2013-01-28 11:04:34 AM  
I long for the days when cheating in politics was done with money and only under the table, instead of with policy and legislation in broad daylight. Fark me in the dark, baby, that's the way I like it.
 
2013-01-28 11:09:56 AM  

Weaver95: that's insane.


While I agree, with each passing day, that seems like less of an impediment to it also being true.
 
2013-01-28 11:12:48 AM  

Mentat: Considering that this has been going on for 20 years and that it suddenly became an issue when a few billionaires lost a fight to a union?  Then Yes on both counts.


Really? Other presidents have made "recess" appointments while the Senate was still in session?
 
2013-01-28 11:13:05 AM  

randomjsa: Activist judge...

Conservative Definition: Judge who creates legislation from the bench.

Liberal Definition: Judge who rules against them.



Partisan shill like typing detected.
 
2013-01-28 11:13:16 AM  
Appointments seem to be an issue only when a Democrat is in office.
 
2013-01-28 11:17:45 AM  

Weaver95: incendi: Weaver95: these guys do realize that this WILL be used against a Republican president in the future, yes?  I mean if we ever have another Republican president again that is...which could happen.  In theory.  Some day.  Maybe.

I think the game plan now is gerrymander their way into a state legislature supermajority, then game the system from there - possibly up to and including some constitutional shenanigans.

that's insane.  even assuming the plan goes perfectly, it's a holding action at best.  demographic shifts will make that plan obsolete within a generation.  in fact, if population shifts occur more rapidly than the GOP plans, then they could end up being hoisted by their own petard.


Yeah but look at what they're doing it for. They've already made the liberal party into a middle-right party, while being viewed by the majority as still left. Bush/Reagan style conservatives will be infiltrating the Democratic party, as they have already begun, and their power will be maintained. Real conservatives (NTTAWWT) will then have not much of a liberal party to conserve against, and will just be able to coast. or something. Those with the deep-running-family-political power are going to watch these new True Conservatives™ of the Tea Party variety whither and die as they themselves take on a new host body.

But perhaps they will not. Perhaps the power high from controlling the dwindling religious mass will be too addictive, and they refuse to give it up. just like a real drug addiction, the high keeps dwindling, but you need it.
 
2013-01-28 11:19:47 AM  
National Labor Relations Board

Consumer Financial Protection Bureau


I think I see the problem here... Screw over the workers and screw over the consumers, it's the Republican Way™...
 
2013-01-28 11:59:03 AM  

Weaver95: these guys do realize that this WILL be used against a Republican president in the future, yes?  I mean if we ever have another Republican president again that is...which could happen.  In theory.  Some day.  Maybe.


It's worth their while because they kniw there won't be a Republican president in the conceivable future.
 
2013-01-28 12:46:40 PM  
Yes, and no.

Activist just means a judge who makes a decision wingnuts don't like.
 
2013-01-28 12:58:15 PM  

Peter von Nostrand: How about the Senate change their rules and stop filibustering every damn thing, including their own bills because their bluff got called


Correct me if I am wrong, but the Senate could end the filibuster and then confirm these appointments almost immediately afterwards.
 
2013-01-28 01:19:59 PM  
For a bunch of people who complain people don't work hard enough, conservatives spend a lot of time making sure people in government cant work.
 
2013-01-28 02:03:27 PM  
My guess is that if SCOTUS takes up the case (which it probably will due to the serious nature and the split between the Circuits), that they will invalidate the appointments, following Article II, Section 2 and Article I, Section 5. The sole group who can decide when Congress is in session is Congress. Despite my distaste for pro forma sessions, it is within Congress's purview to do so. And Obama can blame Harry Reid for it.

However, I also feel that they will let any decisions made during the interim stand, following the precedent set in Freytag v. Commissioner. They will probably also say that limiting the recess appointment power to intersession recesses is the incorrect interpretation, though that itself also has precedent.

It'll be one to watch
 
2013-01-28 02:08:36 PM  

edmo: For a bunch of people who complain people don't work hard enough, conservatives spend a lot of time making sure people in government cant work.


It goes hand in hand with their conviction that government DOESN'T work. EVER.
 
2013-01-29 12:38:08 AM  
What an activist judge might look like:

For more than ten years Judge Clark oversaw the spending of a $1.6 billion windfall in an attempt to desegregate Kansas City schools and raise the reading and math scores of poor kids....

Judge Russell G. Clark took over the Kansas City school district in 1984 after adjudicating a case in which the NAACP acted for plaintiffs in a suit against the school district. Although he began the long court proceedings as a former farm boy raised in the Ozarks without an activist judicial record, Clark's decision was favorable to the desegregationists beyond any reasonable expectation. Clark invited those bringing the suit to dream up perfect schools and he would get money to pay for them! Using the exceptional power granted federal judges, he unilaterally ordered the doubling of city property taxes.4 When that provided inadequate revenue, he ordered the state to make up the difference. How's that for decisive, no-nonsense support for school reform as a social priority?
 
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