Monday, January 28, 2013

Federal Courts Uphold Constitution And Spank Obama

US Court of Appeals Strikes Down Obama's Radical NLRB Appointees

Most people have heard that Obama's recess appointments of three NLRB (National Labor Relations Board) members were ruled unconstitutional by the US Court of Appeals for the DC District.   What's worse is that our "Chavista" president tried to "pack" the panel with radical pro-labor lawyers/activists.  Remember when that board was shamefully interfering with Boeing's plant opening in South Carolina??  That was particularly galling since Boeing already had the go-ahead from that same panel and the plant was on the verge of opening.  What's even worse was that Obama, during his re-election, was extolling the virtues of the same plant and Boeing despite the fact that his NRLB was trying to close the plant!  Obama is nearly always two-faced.

Now, all of the rules passed since those appointments are now void. Lawmakers are demanding that these appointees step down now. Of course the administration will appeal the decision.

Obama is working against the tide of history as union membership in America is at an all-time low of 7% meaning that 93% of private sector workers are non-union members.  The public sector is much more unionized at 35.9%.  Fully 24 US States are "right-to-work" states meaning that union thugs cannot intimidate workers to become members.  The most recent state to join "right-to-work" ranks is Michigan!

Courts Also Strike Down Six EPA Power Grabs 

Courts have also spanked EPA's Lisa Jackson (and Obama), who is the attack dog for Obama's Eco-Imperialism.  No less than 6 EPA actions have been struck down by various courts that would have killed jobs with costly regulation at a time when the economy is barely recovering.  More cases are in progress. From FreeEnterprise.com  article "EPA Defeats Keep Piling Up" reporting that:
...federal court decisions...slapped down the EPA for ignoring its legal obligations. Those decisions harshly criticized the EPA for “magical thinking” (Mingo Logan v. EPA); “unthinkable” conduct running roughshod over due process and property rights (Sackett v. EPA); and “overstepping” the bounds of the agency’s authority (Luminant Generation Co. v. EPA).
the D.C. Circuit struck down the EPA’s “Cross-State Air Pollution Rule” that would have imposed $2.4 billion (at least!) in drastic new requirements on utilities in “upwind states” to curb emissions that could affect “downwind states” (EME Homer v. EPA). That sounds like a laudable objective - except, as the D.C. Circuit explained, the Clean Air Act already has a provision to address this very problem (colloquially called the “Good Neighbor” provision) - and the Act relegates the job to the states, not the EPA.
the Fifth Circuit overturned an EPA effort to take over Texas’s long-standing air quality permitting program (State of Texas, et al. v. EPA). The Fifth Circuit ruled that the EPA could not unilaterally dismantle the Texas program after letting it operate for 16 years. What’s more, the court reminded the EPA that the states play a “central role” in the Clean Air Act, and have “broad responsibility” and discretion regarding the means to achieve air quality standards set by the federal government.
More cases are making their way through the courts.  The best news is that Lisa Jackson, head of the EPA, has stepped down.  Yea!  It's great to see that the Courts continue to uphold the rule of law in this country against the assault of our radical leftist administration.

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