NLRB is STILL Operating Without a Confirmed Quorum!

-Megyn Kelly’s Interview Today with Lou Dobbs on FoxNews-

Obama  Has  Nominated  Same  Two  Candidates  Properly

This is a follow-up to a previous article on my blog.President Obama has decided to renominate Sharon Block and Robert Griffin for positions on the National Labor Relations Board – something  he was required to do because his previous actions when Congress was in “pro forma” session starting in late December 2011 were
ruled unconstitutional by the D.C. Circuit Court recently..2

However,  President  Still  Has  NLRB  Making  Decisions  Without  a  Quorum

That in of itself is a good thing.  But, dear readers, please do not be enamored with the President’s motives.  The NLRB is to be composed of five members.  It currently has three, but only ONE is there legitimately (with Senate confirmation).  Megyn Kelly noted that the Administration has not formally appealed the D.C. Court’s ruling; the net result is that the NLRB is operating when it shouldn’t be.

Unfair  to  Unions  and  Businesses  Affected  by  200+  Decisions

Despite the ruling that Obama’s January 2012 move was unconstitutional, he still has the NLRB going about its business.  As Lou Dobbs noted, “He doesn’t have much regard for checks and balances.”  (Not news to us, but should be reaffirmed periodically just in case part of Obamination is open to spiritual renewal.)

The Circuit Court’s decision means that the previous 200 decisions by the NLRB are in question, yet Obama has it “operating under his own fiat” (Dobbs).  To make the situation worse, the panel has made an additional 26 decisions since then.  These would have to be added to the original 200 to be retried should the Supreme Court uphold the Circuit Court’s ruling, a distinct possibility.

Dobbs, not in a particularly good mood due to the President’s shenanigans, stated simply that Obama is essentially telling everyone “to go to hell.”  That aptly describes where our national hand basket has been headed for the last four years.


1 – “Obama Plays Cat and Mouse with Congress and His NLRB Appointments,”, 1/28/2013
2 – “pro forma” session is when “a senator would gavel an empty chamber to order every few days and then recess again. (David Jackson, USA Today article printed in the Cincinnati Enquirer, 1/26/2013)  My note: The Senate did this because the President deliberately nominated these two just before Congress was to recess for the holidays in 2011.  Wishing to stop this sham, the Senate employed a legal practice of remaining in “pro forma session,” thus blocking Obama’s attempt to act because they knew he would later claim that Congress was not in session forcing him to use his authority (which he did).  The D.C. Circuit Court of Appeals disagreed with him last month.


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