If you cant’ get legislation through Congress, then make
policy through regulation. Until the courts get in the way. The former has been
the Obama administration’s approach to implementing policies it wants but
cannot get passed in Congress. The latter describes the latest legal setback to
Obama’s agenda — a federal judge striking down Obama’s recess
appointment of the National Labor Relations Board’s (NLRB) top lawyer as
unconstitutional.
On August 13, U.S. District Judge Benjamin Settle ruled
that President Obama’s appointment of NLRB Acting General Counsel Lafe Solomon
did not conform to the requirements of the Federal Vacancies Reform Act (FVRA).
Therefore, Solomon could not delegate to a regional NLRB director the authority
to pursue legal action against an employer. In his decision (Hooks vs. Kitsap Tenant Support Services),
Judge Settle said:…To Read More……
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