Legal Challenge to Recess Appointment Flops

A legal challenge to the recess appointments made by President Obama to the NLRB, filed by the National Federation of Independent Business, was rejected a federal judge today on the grounds that the challenge was “political.”

(Reuters) – A federal judge on Friday threw out a challenge to President Barack Obama’s recent recess appointments to the National Labor Relations Board, refusing to add the issue to a lawsuit on another topic.

“The Court declines this invitation to take up a political dispute that is not before it, and the motion will be denied,” wrote U.S. District Court Justice Amy Berman Jackson.

The National Federation of Independent Business, a lobbying group for small businesses, sought to add the appointments challenge to a legal action filed last year. It argued the appointments violated the U.S. Constitution.

Jackson faulted the plaintiffs for trying to “shoehorn” the recess appointment into a case about an NLRB rule.

Of course it’s political. And if President Obama’s name was President Romney, we wouldn’t be having this discussion.

The National Federation of Independent Business is an astroturf group whose main goals include, among other things, repealing “Obamacare.”

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  • muselet

    How long do you suppose it will be before Righties start (a) calling for Judge Jackson’s impeachment; and (b) making threats of physical violence against her?

    –alopecia

  • D_C_Wilson

    Surprised they didn’t try to throw in a challenge to Obama’s birth certificate, too.

    • http://www.facebook.com/people/Kitty-Smith/100000047475312 Kitty Smith

      I think they thought Arpaio had that in the bag.

      • D_C_Wilson

        Yeah, his argument of “We’ve determined that it’s fake because we really, really want it to” was very persuasive.

        • http://www.facebook.com/people/Kitty-Smith/100000047475312 Kitty Smith

          I still think he could have saved us all some time by just saying “he’s black shut up that’s why”