The far-right wing, hell-bent on redoubling efforts at judicial activism, shows no signs of stopping or even slowing down. As things currently stand, a handful of Republican Senators, hopelessly out of touch with mainstream America, have somehow managed to make their efforts at derailing the agenda of President Clinton pale in comparison to the absolute travesty of justice they are now inflicting upon this nation and its rule of law.
Blinded by their never ending quest to deny President Obama even the simplest of policy victories without launching an all out offensive, these ideologues have managed to bring our judicial system ever closer to suffocating on its own caseload. The nation now has the highest number of vacancies on the federal bench than at any time in our history. These judicial activists have now succeeded in striking a blow at the President’s ability to make recess-appointments to fill even the most critical of vacancies. This may mean that President Obama could spend his entire 8 years in the White House without being able to adequately carry one of the most basic of Presidential powers– his Constitutional duty to make judicial appointments.
Last week, a retiring (and unabashedly shameless) Republican Justice on the DC Circuit joined with the other two Republicans on the court to strike a blow at the President’s authority to make recess appointments. Where were the more impartial Justices who might have dissented? You guessed it– blocked by Senate Republicans.
President Obama, practically loathe to use recess appointments when compared to any of his recent predecessors, did what was in his job description when he appointed members to the National Labor Relations Board. Unfortunately, a handful of Republican Senators did what the only thing they seem to remember how to do since President Obama took office, blocked the nominations. With nominees on hold for years and the NLRB without enough board members to meet the quorum required to make decisions, the President exercised his authority to make recess appointments. In the Canning v. NLRB decision handed down week, the three-judge panel cited the changing times that practically allow the Senate to come into session at a moments notice, precludes the Senate from ever really being in recess.
This ruling can now be listed among the many other policies and rulings, such as the Patriot Act and Citizens’ United, brought to us by a Republican party more interested in the political destruction of a few than they are in the future of our nation. So, Republicans, please, stop inflicting potentially irreversible damage on the other branches of government while trying to accomplish what you could not accomplish at the ballot box.