Audacity of a Provocateur: Obama Re-Nominates Unconstitutional 'Recess' Appointees to the NLRB

Over a year ago, Barack Obama declared the United States Senate to be in recess then, without advice and consent, abruptly ‘recess’ appointed three members to fill vacancies at his union-dominated National Labor Relations Board.



Over a year later, after one of the three “recess” appointments resigned, on January 25th, the U.S. Court of Appeals for the DC Circuit ruled that Barack Obama’s imperial decisions were, in fact, unconstitutional.

Since the Circuit Court’s ruling three weeks ago, Obama’s NLRB chairman, union attorney Mark Pearce, declared that the unconstitutionally-appointed labor board would forge ahead, undeterred by its illegitimacy.

In addition, 40 senators have urged the unconstitutional appointees to step down–to no avail.

With the issue likely headed to the U.S. Supreme Court, in a deliberately provocative move, Barack Obama re-submitted two of the same “recess” appointees–Operating Engineers’ general counsel (and current RICO defendant ) Richard Griffin, as well as former Ted Kennedy staffer and attorney Sharon Block–to the NLRB.

via the Washington Times:

In a provocative move, President Obama Wednesday re-nominated two controversial Democratic candidates to the National Labor Relations Board just weeks after a federal court invalided their recess appointments to the posts.

Mr. Obama again nominated Sharon Block, a former Democratic Labor Department official, and Richard Griffin, a Democratic union lawyer, to serve on the NLRB.

Because Obama’s appointments have to still be resolved by the Supreme Court, his re-nomination of the same two individuals may indicate that the administration is not at all comfortable that Obama will win at the High Court.


If the Supreme Court does, as is expected, rule against Obama’s imperialistic appointments, the NLRB’s decisions over the last 13 months will be declared invalid. As a result, union bosses will have been given yet another setback in seeing their agenda enacted by agency fiat.

The timing of Obama’s re-nominations–a day after his State of the Union speech–signals that he is doubling down on the union agenda his cronies at the NLRB have been enacting and, if he loses at the High Court, he is ready to fight.


“Truth isn’t mean. It’s truth.”
Andrew Breitbart (1969-2012)

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