My take, w/ labor beat colleague @greenhousenyt , on the jaw-dropping recess appointment appeals court ruling today http://goo.gl/YvZLs
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@rickhasen I think yes. Ike recess appointed him in October 1956, right, so that was intra-session. -
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@charlie_savage I guess Baker v. Carr is toast. -
@rickhasen Ha, but Brennan long since properly confirmed by '62. What about Gregory. Pryor, and Pickering CoA panel/en-banc decisions tho? -
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@charlie_savage Maybe it is 'fruit of the poisonous tree." Whoops, maybe we cant rely on that either
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@rickhasen@charlie_savage virtually all recess appointments of the last 100 years would be illegal under dc circuit decision -
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@mls1776@charlie_savage and the opinions/rulings they spawned? -
@rickhasen@charlie_savage well, I think there would be a finality issue. Its too late to challenge Irving Smith's 1921 land registrations.
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@rickhasen@charlie_savage and to be clear, today's decision also requires the vacancy to arise during the recess - so October 56 no good. -
@psecundaWrkProf@rickhasen If Wikipedia is right, Sherman Minton stepped down same day, so it was during same recess, just not right kind -
@charlie_savage@rickhasen plus remember NLRB has operated with dozens of recess appt. going back decades. All those decisions now invalid?
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