Contempt for the Courts

The audacity and the sheer criminality of the blatantly partisan Republican courts is beyond belief.

A Republican-dominated * Federal Appeals Court ordered the National Labor Relations Board (NLRB) to stop requiring employers to inform employees of their legal right to organize. The NLRB, the agency responsible for regulating labor-management relations, had required employers to post a notice advising employees of certain rights under the law. The Court has decided that employers will no longer have to advise employees that they have legal rights.

The tortured logic of these ethically-challenged stooges for the Plutocracy holds that the First Amendment protects free speech and the NLRB interfered with employers’ free speech by making them tell their employees NLRB’s opinion. Opinion!?!? The NLRB simply required that employees be told what the law already requires — it’s not an opinion, it’s the law!

The Court essentially used the same reasoning as found in the court cases which held that schools could not order children to say the pledge of allegiance. It is nonsense, it is bull—-! Labor law IS mandatory, the Pledge is not, and to confound them is a specious violation of common sense.

This by the way is the very same Court which also has decided that ALL of President Obama’s appointments to the NLRB are illegal and hence the NLRB cannot operate. So although created 80 years ago and charged by statute with labor law enforcement by the Congress, the Court has effectively abolished the agency. Their argument here is that the appointments were made during a Congressional recess and therefore not subject to Congressional approval. Heck, Congress is always in recess, it is impossible not to appoint or conduct operations unless done during a Congress recess.

The Republican caucuses have refused to act on Presidential appointments thus leaving agencies and courts without responsible policy-makers. Presidents have always made recess appointments when the Congress neglected to act. Democratic Presidents and Republican Presidents have exercised this power and now a Republican Court has overturned appointments with precious little legal basis other than adherence to to the McConnell Rule: “Republicans will do anything to contribute to the failure of Government under the Obama Presidency”. The McConnell Rule is a corollary to the Republican Fundamental Principle: “Who cares if we wreck the country as long as we own the wreckage”.


* The Courts have been increasingly dominated by Republican appointees since 1980 for one very lamentable reason. When Presidents Reagan, Bush 1 and Bush 2 had appointed judges, the Senate approves them. But when Presidents Clinton and Obama have attempted appointing anyone other than a Republican or Bluedog Democrat, the Republican caucuses have done everything they can to stymy the appointment. As a result the Courts have 70 vacancies and Republican-appointee majorities in 10 of the 11 Circuits.


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