Friday, April 18, 2014
PLACERVILLE, CALIFORNIA
99 CENTS

Labor lawyer — yech!

Some lawyers are just plain bad. That may be stating the obvious. It also is a case of repeating ourselves, as though we’re saying “lawyer lawyer.”

The bad lawyer in question is really bad. He is Lafe Soloman, acting general counsel of the National Labor Relations Board. Soloman had the chutzpah to write a letter to Cablevision refusing to halt proceedings against it, even though the D.C. Circuit Court of Appeals had ruled invalid all of President Obama’s so-called “recess appointments” to the NLRB when Congress was in session and actually conducted some business other than passing the gavel around. His refusal came in spite of the board not having a majority, as required by a prior U.S. Supreme Court decision.

Soloman claims he was “appointed by the president and confirmed by the Senate” and claims the NLRB Act states the general counsel acts “on behalf of the board,” and that Congress intended for him to be “independent” of the board. These latter points are open to debate. What is patently untrue is that he was confirmed by the Senate. Because Solomon was responsible for trying to block Boeing from building airplanes in Charleston, S.C., the Senate will never confirm him.

Whatever his status in relation to the board, which the 11th Circuit Court of Appeals has ruled null and void, he is giving bad advice by telling them to ignore the court that handles most federal agency decisions. Ditto to his bad advice for ignoring the same adverse ruling from the Third District Court of Appeals.

Even sleazier is his legal argument that because the board got away with issuing 550 decisions before the Supreme Court ruled in 2010, that the board couldn’t act without a quorum. Only 100 of those could afford to fight for their rights.

Soloman appears to be acting as a law unto himself. We are so flabbergasted by this bizarre bit of lawyering that all we can say is “Yech!”

Mountain Democrat

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Discussion | 10 comments

  • Phil VeerkampJuly 08, 2013 - 11:04 pm

    How many instances of lawlessness does it take for the flashing LAWLESS light to go on. Conscious and deliberate disregard of the law. This administration displays conscious and deliberate disregard of the law. . . . and the band played on . . .

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  • Dee#1July 09, 2013 - 7:28 am

    Phil, the loss of governance by law is the most dangerous result of this administration. Ignoring court decisions, laws, dictating rules and policies directly opposite current laws and without Congressional approval, using the IRS,EPA ,Labor Board, etc., to deny political opponents their rights under the Bill of Rights is more than lawless, it is tyranny.

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  • Phil VeerkampJuly 09, 2013 - 7:46 am

    Dee, the "Progressives"(liberal SOBs) are always quick to deconstruct "trickle down" economic theory. Should I look to those people allay my fears of "trickle down" lawlessness? If trickle down economics is a ridiculous conservative construct does it then follow that "LEADERSHIP BY EXAMPLE" I is also conservative clap-trap? Do you think that this Administration's lawlessness will trickle down. I do hope that the question is silly.

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  • Phil VeerkampJuly 09, 2013 - 7:55 am

    I need a proof reader . . . or go cut the grass . . .

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  • Dee#1July 09, 2013 - 8:23 am

    Phil, unfortunately the question is not silly. Lawlessness is growing by leaps and bounds and everyone turns a blind eye, unless of course, you are on the politically correct side politics-Democrats.

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  • cookie65July 10, 2013 - 10:06 am

    The fools who voted for this Chicago style thugocracy are convinced that they will somehow escape and be immune to the consequences of all this newly found executive authority. Giving away freedom in exchange for handouts. Who are they gonna whine to when they get caught up in federal government steamroller? It all comes back to what passes for education. Pseudo intellectuals convinced that being a groupthink lemmings will spare them from tyranny.

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  • Phil VeerkampJuly 10, 2013 - 10:27 am

    LINK - UNCONSTITUTIONAL - Michael McConnell, Hoover Inst, in re "Obama Suspends the Law." audio player lower left - about 13 minutes

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  • Phil VeerkampJuly 10, 2013 - 10:35 am

    Mandamus Mandamus Mandamus Mandamus will we see Mandamus with respect to "the employer mandate"?

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  • Phil VeerkampJuly 10, 2013 - 10:21 am

    Cookie, this is precedent that will be used by future executives / POTUSs. Dems might want to project to the day when "the stupid party" wins. The toosl that the "progressives" will have created! Unfortunately the attack on the Constitution is NOW. Will we prevail? God only knows!

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  • cookie65July 10, 2013 - 11:05 am

    Phil, imagine the leftists who will throw themselves out of high-rise windows when the IRS is used as a political enforcement tool against leftists organizations. You can count on me to place some Dixie cups filled with water on the cement below to give them something to aim for....

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