March 21, 2017
Contact: Daniel Dew,
Criminal Justice Fellow
The Buckeye Institute Secures Tremendous Victory Against Obama Administration with U.S. Supreme Court Ruling Tuesday Morning--No Disrespect to March Madness
COLUMBUS, OHIO--Your Buckeye Institute enjoys college hoops as much as anyone else--and we're not even going to mention Ohio State's basketball team--but a much more important and lasting win happened today.
In late September, The Buckeye Institute filed a brief asking the U.S. Supreme Court to serve as a check on overreach committed by the Obama administration.
And this morning, for old times' sake, the U.S. Supreme Court gave a special final sendoff to President Obama's pen and phone.
In the Court's opinion Tuesday morning ruling in favor of the challenger (and yours truly), Chief Justice Roberts wrote for the majority, "The glitch in th[e government's] argument is of course the text of [the statute]."*
*Dang!!! Talk about a judicial zinger. Justice Roberts, we hardly recognize you!
Indeed, those pesky statutes and the U.S. Constitution were constantly hindering the Obama Administration's plans.
In this case, President Obama completely ignored the Federal Vacancies Reform Act (FVRA), which allows the president, with restrictions, to temporarily fill vacancies that would otherwise need Senate approval.
One of the conditions of the FVRA is that the president cannot play fast and loose with the Senate's role in confirming appointees by temporarily filling a position with the same person who is then nominated for the "permanent" position as well.
In 2010, President Obama did exactly what this act forbids--he tapped Lafe Solomon to temporarily fill the vacancy as the National Labor Relations Board (NLRB) general counsel, and then nominated Solomon to permanently fill the same position he was already temporarily holding.
The Buckeye Institute's President Robert Alt said of the high court's decision today, "The Buckeye Institute's victory at the U.S. Supreme Court in National Labor Relations Board v. SW General, Inc. reaffirms a basic principle all Americans understand and support: we are a nation of laws, not of men. No one is above the law--not even the President himself."
The Buckeye Institute will continue to fight to ensure that our government operates within the limits established by law. To all of our supporters, today is your day. You won this case. You sent your financial contributions to support our efforts, you encouraged us not to give up the good fight, and you steadfastly believed with unwavering conviction that here in these United States of America, justice would ultimately prevail.
We dedicate this excellent decision today by the Supreme Court to you who faithfully contribute generously and thoughtfully to support our efforts to bring cases like this forward and fight back against unconstitutional acts even by the most powerful officeholder in the world. We are humbled and grateful to be able to do this work day in and day out with your help--and win these cases--thanks to you good people.
Take a bow, and then raise a toast with us, "Today is a great day. My bracket lost resoundingly, but justice won undoubtedly."
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BACKGROUND: Founded in 1989, The Buckeye Institute is an independent research and educational institution--a think tank--whose mission is to advance free-market public policy in the states.
The Buckeye Institute is a non-partisan, non-profit, and tax-exempt organization, as defined by section 501(c)(3) of the Internal Revenue code. As such, it relies on support from individuals, corporations, and foundations that share a commitment to individual liberty, free enterprise, personal responsibility, and limited government. The Buckeye Institute does not seek or accept government funding.
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