It’s the first Monday in October, and public prayer, campaign finance and conservative challenges to President Obama’s arrogant overreach of power are a big part of the Supreme Court term opening today.
And even in the middle of a government shutdown, the court’s schedule will be operating normally for at least the first week, according to the court’s website.
The most direct challenge to the latest version of the imperial presidency is the case of two “recess” appointments Obama made to the National Labor Relations Board in January 2012 – when the Senate wasn’t even in recess but Obama decided it was, according to a Bloomberg report.
The D.C. Circuit Court of Appeals rejected the nominations in a sweeping ruling that sharply limits the presidents to make recess appointments – and, in a strongly worded ruling, all but accused Obama of seeking tyranny.
“An interpretation of ‘the Recess’ that permits the President to decide when the Senate is in recess would demolish the checks and balances inherent in the advice-and-consent requirement, giving the President free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction,” the court wrote.
“This cannot be the law.”
Obama eventually backed down on those two appointments to the NLRB, substituting two other lefties who did manage to win Senate approval, but the Supreme Court case is still moving forward.
In the campaign finance case, McCutcheon vs. FEC, the Republican National Committee is challenging limits on the total amount of money one person can spend supporting political candidates.
In the prayer case, the court is hearing a complaint from two residents of Greece, N.Y., who are upset that prayers used to open town board meetings tend to come from Christian clergy. The court won’t be deciding on whether prayer itself is constitutional – that was settled 30 years ago – but how far governments have to go to ensure all faiths are represented. (Even Eric Holder’s Justice Department is on the town’s side on this one.)
On Obamacare, the court hasn’t announced yet whether it will hear challenges to the government’s requirement that all companies provide contraception and abortion services as part of their health insurance plans.
The libs should be glad of that. They’ve got enough to worry about right now.