[Ed. note: Don’t expect to see it on Letterman.]
It’s not my list, it’s Ilya Shapiro’s, but it’s a better use of your time than 95 percent of year-end media crapola.
I’ve been so focused lately on the White House changing ObamaCare’s rules via royal proclamation that I’d forgotten this one:
8. Recess appointments. Last year, President Obama appointed three members of the National Labor Relations Board, as well as the head of the Consumer Financial Protection Bureau, during what he considered to be a Senate recess. But the Senate was still holding “pro forma” sessions every three days—a technique developed by Sen. Harry Reid to thwart Bush recess appointments. (Meanwhile, the Dodd-Frank Act, which created the CFPB, provides that authority remains with the Treasury Secretary until a director is “confirmed by the Senate.”) In January, the D.C. Circuit held the NLRB appointments to be unconstitutional, which ruling White House spokesman Jay Carney said only applied to “one court, one case, one company.”
That was an unusual rebuke. Rarely does O get called on his unconstitutionalities by a federal court…