The National Right To Work (NRTW) joined by the National Federation of Independent Business (NFIB), and Coalition for a Democratic Workplace (CDW) took off the legal gloves and are forcing the Obama Administration to defend its unconstitutional appointments to the National Labor Relations Board (NLRB).   Some say that President Barack Obama is creating a serious constitutional crisis.

This is the first legal challenge regarding these NLRB Board appointees who Obama appointed without a U.S. Senate confirmation process; but, more are expected.

From the NRTW release:

Washington, DC (January 13, 2012) – Today, National Right to Work Foundation attorneys filed a motion in federal court challenging the legality of President Barack Obama’s recent purported recess appointments to the National Labor Relations Board (NLRB).

The legal challenge is part of a larger case attacking controversial new NLRB rules that require every employer to post incomplete information about employee rights online and in the workplace, even if they’ve never violated or been accused of breaking federal law. The NLRB’s posting rules do not require union officials to issue information about workers’ rights to refrain from union membership or opt out of union dues. Currently employers can only be required to post notices if the Board has ruled that a violation of labor law occurred.

The Foundation’s case has been consolidated with other legal challenges to the biased NLRB notice posting rules brought by the National Federation of Independent Business (NFIB), Coalition for a Democratic Workplace (CDW), and two small businesses. Those parties filed the joint motion today raising the issue of the NLRB’s lack of authority to implement the rule given the unprecedented recess appointments.

The new filings in the U.S. District Court for the District of Columbia case comes after NLRB lawyers notified the court that President Obama’s recent recess appointees were now parties in the ongoing legal battle. Under the U.S. Supreme Court’s New Process Steel decision, the NLRB needs three members to act. However three of the five current NLRB members were installed by unilateral Presidential appointment earlier this year, despite the fact that the Senate was not in a self-declared recess.

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This week, former Arkansas Senator Blanche Lincoln (D) lead a cadre of small business owners from a number of states to Washington in an attempt to convince Congress that their commitment to over-regulating American entrepreneurs is a surefire way to destroy the American economy.

From The Hill:

Former Sen. Blanche Lincoln of Arkansas and Dan Danner, the chief executive of the National Federation of Independent Business, signaled Wednesday that taking some of the regulatory load off smaller companies would help in the current battle against high unemployment.

“The message that we’re trying to leave is that if we want to create more jobs and make the economy better, how do we somehow get this disproportionate burden of ever increasing new regulations off the backs of the people who create the jobs?” Danner said at an event launching his group’s Small Businesses for Sensible Regulations campaign.

According to the Small Business Administration, regulations on American small businesses, which comprise 60 percent of all private-sector jobs and account for about two thirds of jobs created each year, deprive the American economy of $1.75 trillion annually. By reducing – or at least compromising – on current regulations and letting go of the nearly 4,200 regulations on the table right now to be passed this session, Congress could stimulate one of the fastest-growing American industries. Unfortunately for Blanche Lincoln and her team of American business owners, Congress will be hard to convince.

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Ten oil rigs have left the Gulf of Mexico since the Obama Administration imposed a moratorium on deepwater oil and gas drilling in May 2010, according to documentation the Pelican Institute obtained from Sen. David Vitter’s (R-La.) office.

The ten rigs named in the document are: Marinas, Discover Americas, Ocean Endeavor, Ocean Confidence, Stena Forth, Clyde Bourdeaux, Ensco 8503, Deep Ocean Clarion, Discover Spirit, and Amirante. The rigs have left the Gulf for locations in Egypt, Congo, French Guiana, Liberia, Nigeria and Brazil.

“This highlights the problem we have with losing domestic energy production as a result of the drilling moratorium and the slow permitting,” David Kreutzer, a research fellow in Energy Economics and Climate Change at the Heritage Foundation, said. “We must also keep in mind that the impacts are not instantaneous, the rigs may be idle for a while, but once they move it’s going to be difficult to move them back once they are drilling in say Nigeria or Brazil.  The oil companies must have confidence they can move forward with their drilling plans and to know these plans won’t be revoked. Only certainty will bring them back.”

Although federal officials announced they were lifting the restrictions last October, a “de-facto moratorium” remains in effect that stifles energy production and undermines large and small businesses in the Gulf region, industry officials have argued. (more…)

While the new Congress deliberates over ways to repeal or defund the Obama Administration’s “healthcare reform” law, twenty states and the National Federation of Independent Business (NFIB), have filed suit in federal court arguing that the law is unconstitutional and should be struck down immediately. This is the largest of several legal challenges to Obamacare across the country.

Lawyers for NFIB and the states will appear in a Pensacola, Florida federal court this Thursday, December 16th.  They will ask U.S. District Court Judge Roger Vinson to rule that the heart of the law – and “individual mandate” that obligates private citizens to obtain health insurance whether they want it or not – is unconstitutional.  NFIB and the states will accordingly ask that Judge Vinson to strike down Obamacare in its entirety.

The Constitution does not allow Congress to force Americans to purchase a product solely because they are alive and the federal government’s claim of such authority contradicts more than two hundred years of Supreme Court precedent.  Yet the individual mandate, which would obligate private citizens to obtain health insurance whether they want it or not, does just that.

Counsel for NFIB and the states will make the following arguments:

1) The Individual Mandate in Unconstitutional

Under the Commerce Clause of the U.S. Constitution, Congress has the power to regulate people when they engage in an economic activity that affects interstate commerce.

The Obama Administration argues that choosing not to purchase something (like a health insurance policy) is somehow an “activity” that affects the economy.  The federal government’s theory that a decision to do nothing is “activity” that may be regulated by Congress under the Commerce Clause is unprecedented. The Administration’s lawyers have been unable to identify a single pre-Obamacare decision upholding a law that forces a private individual to enter into a market for goods or services against their will.

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Just outside the DC Beltway, in Maryland’s sprawling first congressional district, an electoral battle is underway that exposes unique ideological fault lines beneath America’s political landscape.

The campaign pits freshman “Blue Dog” Democratic congressman Frank Kratovil in a rematch against Republican Dr. Andy Harris. Given the political tilt of the district, coupled with the Tea Party tsunami gathering force this year, one would think that this race should be a slam dunk for Harris.

A tall, affable family man, Harris is an anesthesiologist, Navy veteran, hardcore free-marketer, and constitutional conservative. By contrast, Kratovil, a former attorney, tries to portray himself as an “independent” who distances himself from Nancy Pelosi and the House Democratic majority. However, the Washington Post reports that “Frank Kratovil has voted with a majority of his Democratic colleagues 84.6% of the time during the current Congress.” Among his least popular votes since taking office: support for the “cash for clunkers” program, for the near-trillion-dollar “stimulus” spending orgy, and for the hugely expensive “cap-and-trade” energy bill. Plus, of course, his vote to elevate the widely reviled Pelosi to the Speaker’s position.

Yet, despite all that, a recent poll finds Harris holding only a statistically insignificant three-point lead over Kratovil. This, while other GOP candidates are faring much better even in usually “safe” Democratic districts.

What’s going on here?

One of the most infuriating spectacles this election season is supposedly “Republican,” “conservative,” and “pro-business” individuals and groups supporting entrenched liberal incumbents against free-market, limited-government challengers. For many special-interest “insiders,” even on the right, philosophical convictions are far less important than sharing a “seat at the table” with the politically powerful.

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