Thursday, June 26, 2014

More good news from the Supreme Court


  "The Supreme Court on Thursday limited the president's power to fill high-level vacancies with temporary appointments, ruling in favor of Senate Republicans in their partisan clash with President Barack Obama.
The high court's first-ever case involving the Constitution's recess appointments clause ended in a unanimous decision holding that Obama's appointments to the National Labor Relations Board in 2012 without Senate confirmation were illegal."
Still, the decision wasn't all good:
  "The outcome was the least significant loss possible for the administration. The justices, by a 5-4 vote, rejected a sweeping lower court ruling against the administration that would have made it virtually impossible for any future president to make recess appointments.
The lower court held that the only recess recognized by the Constitution is the once-a-year break between sessions of Congress. It also said that only vacancies that arise in that recess could be filled. So the high court has left open the possibility that a president, with a compliant Congress, could make recess appointments in the future.
Justice Antonin Scalia, writing for himself, Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas, said he would have upheld the lower court's reasoning. He said Thursday's decision means "the abolition of the Constitution's limits on the recess-appointment power."
At least there is some Constitutional brake on the imperial presidency.   Better than nothing, and all the decisions by the NLRB will now be void if taken when Obama's illegal appointees were participating.

And those insulting "free speech zones" the government constantly wants to impose?  No go.

Via Legal Insurrection and Scotus Blog:


The Court makes clear that states can pass laws that specifically ensure access to clinics. It holds that states cannot more broadly prohibit speech on public streets and sidewalks. It also notably rejects the protesters’ broadest arguments that such restrictions require strict constitutional scrutiny and are viewpoint based.
The upshot of today’s ruling is that an abortion clinic buffer zone is presumptively unconstitutional. Instead, a state has to more narrowly target clinic obstructions. For example, the police can tell protesters to move aside to let a woman through to the clinic. But it cannot prohibit protesters from being on the sidewalks in the first instance. If in practice protesters still are obstructing the entrance, then it can consider a broader restriction.
Alliance Defending Freedom attorney Mark Rienzi, professor of constitutional law at Catholic University of America’s Columbus School of Law and lead counsel in McCullen v. Coakley, hailed the decision.
“Americans have the freedom to talk to whomever they please on public sidewalks. That includes peaceful pro-lifers like Eleanor McCullen, who just wants to offer information and help to women who would like it. The Supreme Court has affirmed a critical freedom that has been an essential part of American life since the nation’s founding.”
Maybe the BLM will quit trying to herd people like cattle into "free speech corrals" like they did during the Bundy Ranch conflict.

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