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View Diary: Daily Kos Elections Live Digest: 1/25 (409 comments)

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  •  This is a VERY extreme court decision (8+ / 0-)

    The decision essentially eliminates the recess appointment power as it has been understood to exist for over a century. It is classic right-wing activism, and it should not have been done. So, the only hope is the Supreme Court reaching a sane conclusion.

    •  Note that Republicans have filibustered (3+ / 0-)
      Recommended by:
      MichaelNY, James Allen, askew

      appointments to that DC court mercilessly. One of the seats has been empty since John Roberts was elevated to the Supremes. There are currently two nominees waiting approval, and they've been waiting a very long time. One has been repeatedly filibustered (for no good reason), but Obama keeps renominating her.

      So it's kind of ironic that this particular court, kept more conservative than it should be by the filibuster, tries to thwart a presidential prerogative to circumvent an unreasonable filibuster of other important appointments.

    •  The precedent goes back to the 1820s (1+ / 0-)
      Recommended by:

      I believe. That's what the reporting on NPR has been saying. It's kind of the antithesis of Marbury v. Madison, which upheld a questionable appointment by a president while affirming the Court's power to pass judgment on constitutional questions.

      Formerly Pan on Swing State Project

      by MichaelNY on Fri Jan 25, 2013 at 03:48:32 PM PST

      [ Parent ]

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