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View Diary: Another Court Eviscerates Recess Appointments (17 comments)

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  •  Because recess appointments have a short tenure (0+ / 0-)

    there are no federal judges serving who have not been confirmed by the Senate.

    "let's talk about that"

    by VClib on Sat May 18, 2013 at 08:11:44 AM PDT

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    •  Yes but if the decision was made during the (0+ / 0-)

      recess appointment (before being confirmed by the Senate) and that recess appointment was illegal (because it wasn't a valid recess) then surely the decisions would be invalid.

      My point is that either decisions (whether made by a judge or the NCLB) made because of an illegal recess appointment are invalid or they aren't.  What administration they were made under shouldn't matter one bit.

      You have watched Faux News, now lose 2d10 SAN.

      by Throw The Bums Out on Sat May 18, 2013 at 08:51:19 AM PDT

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      •  TTBO - no they won't be invalid (0+ / 0-)

        There is no legal theory on which historical decisions would be overturned because they were decided by judges on the bench through recess appointments. Their appointments were valid based on the ruling law at the time. The SCOTUS the US has not yet even ruled on this issue and whatever they decide they will make it clear that it is NOT retroactive.

        "let's talk about that"

        by VClib on Sat May 18, 2013 at 08:55:31 AM PDT

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