Justices Kagan and Breyer voted with Justice Roberts, Alito, Thomas and Kennedy in a 6-2 decision determining that Barack Obama violated the Constitution when he appointed a general counsel to the NLRB after the Senate refused to confirm him.
It’s ironic given the fact that he’s a constitutional lawyer.
The Free Beacon reported that:
The court ruled Tuesday that Obama appointee Lafe Solomon illegally served as acting general counsel to the National Labor Relations Board from 2010 to 2013. Solomon, who once violated the agency’s ethics rules, should have vacated the position in accordance with the Federal Vacancies Reform Act of 1998 (FVRA) after the Senate refused to take up his nomination to serve as permanent general counsel in 2011, the court found in a 6-2 opinion authored by Chief Justice John Roberts. The appointment was an “end-run around” the Constitution.
“We cannot cast aside the separation of powers and the Appointments Clause’s important check on executive power for the sake of administrative convenience or efficiency,” the majority ruled.
Obama, like the Democrats interrogating Judge Neil Gorsuch this week, believe the Constitution is a “living document” to be manipulated to the will of the left. He described the Constitution as “a work in progress” that “can evolve for the good of all Americans…”
It was only meant to inspire according to him.
He and his Democrat Party members believe jurists should be legislators and the Supreme Court should become another body of politicians.