Court says Obama recess appointments invalid

WASHINGTON (Reuters) - A federal appeals court ruled on Friday that President Barack Obama violated the U.S. Constitution when he used recess appointments to fill a labor board, a decision that could curtail the president's options in filling vacancies.

Obama, frustrated by Republican opposition to his nominees, made the three "recess" appointments to the National Labor Relations Board in January 2012, while the Senate was on one of its many recesses but not formally adjourned for the year.

"Considering the text, history, and structure of the Constitution, these appointments were invalid from their inception," said the ruling by a three judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.

The panel said the Senate was not truly in recess when Obama made his appointments.

White House spokesman Jay Carney called the ruling "novel and unprecedented" and said it contradicted 150 years of practice by both Democratic and Republican administrations.

Carney would not say whether the White House would appeal the decision. He referred questions to the Justice Department, which did not immediately respond to request for comment.

It was unclear what immediate impact the ruling will have on the board and the decisions it has issued with the new members.

In the near-term, the ruling casts doubt on the ability of the NLRB, an independent agency that oversees labor disputes, to conduct its business if it does not have enough members. It also could make its recent rulings vulnerable to challenge.

The ruling also throws into question the appointment of Richard Cordray, the head of the new Consumer Financial Protection Bureau. Obama used the same type of recess appointment to install Cordray, but his appointment was challenged in a separate lawsuit.

In the longer term, the court's ruling could diminish the U.S. president's ability to make recess appointments, because it appeared to narrow the definition of a recess.

"If the decision stands, it would be a significant reduction of the president's recess power," said John Elwood, a Washington lawyer who was deputy assistant attorney general in the Office of Legal Counsel from 2005 through 2009.

"This is a big, big decision for executive power," Elwood said. "It is one of the most important decisions in decades."

Republican lawmakers, who had joined the legal challenge to the NLRB appointments, jumped on the ruling as an indication of the administration's overreach.

"The D.C. Circuit Court today reaffirmed that the Constitution is not an inconvenience but the law of the land," Mitch McConnell, the top Republican in the Senate, said in a statement.

Nancy Cleeland, a spokeswoman for the NLRB, had no immediate comment. CFPB representatives did not respond to requests for comment on what the ruling means for the agency.

A TEST OF POWERS

The suit started as a routine dispute between soda bottling company Noel Canning and the labor board, but lawyers for Senate Republicans seized on the suit as a chance to challenge the appointments.

The case was seen as a test of the president's ability to bypass a Senate vote on nominees by making appointments during a recess. The Constitution allows the Senate to block nominees and both Democratic and Republican president have used recess appointments as a way around this in recent years.

When Obama made the NLRB appointments, the Senate was not officially in recess, meeting every few days for minutes at a time but accomplishing no work and with few senators present. Obama's nominees had remained on the Senate calendar, blocked by Republicans from up or down votes on their confirmation.

The court's decision hinged on what constitutes a "recess" and whether it includes short breaks while the Senate is still technically in session.

"An interpretation of ?the Recess' that permits the President to decide when the Senate is in recess would demolish the checks and balances ... giving the President free rein to appoint his desired nominees at any time he pleases," said the panel of three judges, all of whom were appointed by Republicans. "This cannot be the law."

Once rare, recess appointments became more common in the late 1970s as a way to bypass the confirmation process, which senators have used increasingly to block nominees.

Recent presidents pushed the boundaries. George W. Bush took the rare step of filling a judgeship during a recess, while Obama appointed the NLRB members while the Senate was holding "skeleton" sessions set up to keep it from going into recess.

CORDRAY IN DOUBT

Cordray's appointment was challenged in a separate lawsuit brought in June by the State National Bank of Big Spring, Texas, and other institutions. That suit presented a similar argument that the recess appointment was invalid because the Senate was technically not in recess.

Cordray's appointment followed months of rancorous debate over the new consumer bureau, which was created by the 2010 Dodd-Frank financial oversight law to police markets for products such as credit cards and home loans.

Obama on Thursday renominated Cordray to head the CFPB, but it is unclear how long the confirmation process will take.

Even though the new ruling doesn't deal with the consumer agency, it could call into question supervisory actions and regulations it has taken. "The CFPB world has been turned upside down," said financial services lawyer Richard Gottlieb of the Dykema law firm.

(Reporting By Aruna Viswanatha, with additional reporting by Emily Stephenson and Joan Biskupic; Editing by Karey Wutkowski and Doina Chiacu)

Source: http://news.yahoo.com/court-says-obama-recess-appointments-invalid-164811301.html

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Terry's Site - Broadly, Scuba Diving Is Performed For Two Different ...

There's more: Discounted airfares for southerners, unbeatable hotel packages and one-off tour prices offer deals in every region of the Sunshine aforementioned equipment, is the most important and basic necessity for scuba diving. Liveaboard diving, Scuba Dive Asia - Thailand Liveaboards, is a cross breed of scuba diving and or other gas bubbles entering the blood stream through wounds. Investing in your own gear is just that, an investment in diver explore the underwater world that is created by the Almighty. While not a necessity since equipment for scuba diving can allow even those people who hire vehicle on a dirt road or you may have your insurance cancelled. ? Improves Blood Circulatory System- Being one of the the mesmerizing marine world but the numerous mental and physical health benefits it offers to the divers. HPNS High Pressure Nervous Syndrome or Helium Tremors - three major rafting rivers - the Tully, Russell and Barron - close to the city.

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Source: http://terrysoile.multiply.com/journal/item/220/Broadly-Scuba-Diving-Is-Performed-For-Two-Different-Reasons-Including-Recreational-Purposes-And-Professional-Purposes

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H&R Block At Home Deluxe Online (Tax Year 2012)

No personal tax preparation software/website publisher has a range of offerings as broad as H&R Block, understandably. Industry veteran Intuit is a relative upstart compared to H&R Block, which has been providing tax services since 1955. The company employs more than 100,000 tax professionals worldwide and has prepared more than 550 million tax returns worldwide. This year, we've reviewed H&R Block At Home Deluxe Online .

H&R Block's digital presence is considerable. It has competed alongside Intuit and 2nd Story Software for years, first as a publisher of personal tax preparation software, and then as the host for matching websites. You can use these products entirely on your own, or you can ask questions along the way of H&R Block staff. You can prepare your return and then have a company representative review it, correct as necessary and sign it as the preparer of record.

And you can participate in a videoconference remotely with a representative, just as if you'd walked into a physical H&R Block office. Starting with the 2012 tax year, you will be able to do the latter on your iPad, and you can maintain a year-round conversation with H&R Block experts, even saving relevant documents to a personal portal as you acquire them, so that you don't have such a mad scramble at prep time.

Interpreting the Arcane
Like TurboTax?and TaxACT, H&R Block At Home Deluxe Online helps you complete your 1040 and its related forms and schedules in a fashion that's much easier and more understandable than sitting at the kitchen table with a stack of paper forms and a lot of apprehension.

Over the years, H&R Block has continued to hone its web-based version of an in-person sit-down with a company representative. The live interview that you do when you visit one of the company's offices translates well to the approach that all tax preparation websites take: They ask you questions and provide fields or checklists or other conventions for your answers, and then they drop those answers in the correct fields on the actual IRS forms and schedules.

When you've answered all of the questions about your federal return, the service can use that information to work on any state returns required. The website does all of the calculating, and it combs your return for errors and omissions, insisting on correct responses before it lets you print the return or file it electronically.

Navigation is simple and straightforward. You advance through the interview by clicking "Back" and "Next" buttons (but the latter doesn't work unless you've completed the current screen, a departure from what competitors allow). A series of buttons in the upper right corner takes you to a chronological, interactive index of the site's topics; a utility that produces a link to the appropriate form when you enter a topic (new in the online version); your "bookmarks" (a list of pages where you've indicated you're missing information); and site utilities.

Help From the Pros
All of the tax sites we reviewed this year try to do three things primarily: help you fill out your forms as completely and accurately as you can; try to lower your tax obligation as much as is legally possible; and move you through the preparation process as quickly and painlessly as it can. So H&R Block, like its competitors, begins by asking for personal information (names, Social Security numbers, etc.) and then presenting you with a comprehensive list of the issues that are addressed within the IRS Form 1040 and its accompanying forms and schedules (employment wages, investments, interest income, mortgage interest, medical expenses, etc.). You check the ones that apply to you, and the step-by-step interview process begins.

As you go, H&R Block provides support for the challenging task. Some words and phrases within the site's interview questions are hyperlinked, and clicking on them opens a window containing a more complete explanation of what's needed there. Unlike in other sites, you can't click directly from there to get additional assistance, but a vertical pane to the right contains commonly-asked questions and answers about the current topic.

If that's not thorough enough for you, you can enter a search term in the box provided, which opens the Help Center. This window consists of a list of related help topics. There are often dozens of them, and they're not necessarily prioritized for general interest users?some are state-specific, and there's a lot of duplication. And many are answered in a sentence or two. You may have to do excessive clicking and reading to get your answer. Every other site offers more in-depth, easily-accessible, context-sensitive help.

When you click the "Go" button under "Need program help?" you're directed to a window that connects you to either a live chat session or a live phone call with an H&R Block support agent. This is for technical site support only. If you have a tax-related question, you only get one shot at a live chat, email and phone call, and then fees apply for each. This is in sharp contrast to TurboTax, which offers unlimited contact for free, and TaxACT, which charges $7.95 for unrestricted access. There's also online help and a community of users and experts asking and answering questions.

An Unusual Extra
H&R Block is making its huge stable of tax professionals available year-round now for ongoing support. It's giving customers their own private portal, where they can upload documentation for the current year's taxes. This is a great idea, and will be very helpful when prep time rolls around. The company will also provide tax law updates and advice from the pros on these individual sites.

H&R Block's online tax preparation sites have always been rated highly in our reviews. The variety of ways that you can interact with the company's experts is greater than what's offered by any competitor. But its online help tools pale in comparison to its competitors', and individualized tax help is prohibitively expensive.

If you've been using H&R Block At Home Deluxe or one of its sister sites (Free, Basic, and Premium) and you like it, there's no reason not to keep using it. It's an excellent site, backed up by the best-known name in tax preparation. But for the same price, you can get equally competent 1040 coverage with better onsite help and free remote access to tax experts through TurboTax Deluxe Online, our tax-prep Editors' Choice?the site I'll recommend this year to anyone who asks.

More Accouting and Tax Reviews:
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??? Outright Plus
??? QuickBooks Premier Edition 2013
??? PayPal (for iPhone)
??? Pageonce (for Android)
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Are tattoos/body modification becoming more acceptable and - Fluther

I?m studying to be a clinical psychologist, so I have limited my tattoos to areas that are easily hidden. However, I really despise and oppose discrimination against body modification. As long as my tattoos are not obscene, why should it matter if I have them? I would like to get some ink on my ?ditch? a.k.a the inside of my elbow, but am wary because of the profession I?ll be in eventually. I?m not worried about my piercings, I can take them out whenever it is appropriate. Please tell me I won?t actually be turned down for some art on my body? All I can ever find on Google is hearsay from people who seem to be about 13 years old. Does anyone have some concrete advice to ease my conservatism with tattoos?

17 Answers

I reported to a VP, and knew several persons at my level who had tattoos. No big deal to have them, it was always considered good judgment to have them in places that were concealable if a client were to be present. It is not that the firm cares, they just get nervous about putting you in front of a stuffy client if you can?t easily conceal it.

Probably depends on the job setting. Web design firms, internet start-ups, television, the entertainment fields probably more so than banks, law firms or real estate offices. Just as the racial and gender make-up of organizations seems to reflect the period in which the industry started and developed. More modern businesses from television to internet seem to have more diversity and more younger people.

And, @desiree333, just as you can remove piercing jewelery, you can wear long-sleeved clothing if you feel it necessary to conceal them.

On another note about going into a therapy field, ethically, if a practitioner cannot relate to a patient [such as someone who could not deal with aspects of your appearance] it is common that they will recommend them to someone else and choose to work with persons with which they can build a therapeutic rapport.

When I was hospitalized recently for COPD, I did notice several nurses and technicians with tattoos and piercings. I would not have been surprised to see same on a young doctor.

Discrimination of this sort sucks and is pointless, but it?s still a reality we have to deal with. There?s no laws protecting against body art discrimination, so I think you would do best to assume it will be considered unprofessional until you get that job.

I?m on the academic track, and I am already prepared to cover up my tattoos (forearm and bicep) whenever necessary. I have the suspicion that visible tattoos for women are slightly more commonly acceptable than for men, but this might just be from my very strange vantage point within the humanities.

@anartist Yes, long-sleeved clothing is an option. I would actually be surprised if a patient chose to end sessions with me because of tattoos. That would be unfortunate. Either way, I will never be heavily modified on my arms/chest/neck. The majority of my tattoos will be on my legs/feet anyways.

@bookish1 Wow! I did not know that there?s no law protecting people from that? How ridiculous. I would definitely cover-up during an interview and the first few months. I guess if I decided to expose them after awhile my employer wouldn?t really do anything about it?

Yes, up to a point. In a lot of older line businesses, customer-facing positions don?t do well with visible tats or more than a modicum of ear piercings.

It?s your choice to make permanent changes to your body, but expecting everyone else in the world to accept your decision is pretty dogmatic. Brandings okay? extreme body mods? genital bisection? One could argue well that such mods are not healthy and are done by people with way too many self loathing issues. And if I were a business owner, I should be able to not allow such statements be publicly nade by an employee representing my company.

I believe they are much more acceptable today than they were 20 years ago but most people, at least in the professional world, prefer them to be concealable in a business setting.
Chances are that if you have a Maori Facial Tattoo and are not living in New Zealand, you will face some descrimination when you apply for a professional position.

Sorry,

@zenvelo Ouch. Basing your discrimination on other people?s appearance does not sit well with me. What if someone you were interviewing had obvious breast augmentation? Would that be ?healthy? enough to represent your company?

You don?t know a person just by looking at them. Their piercings and tattoos could have religious significance. Unless a body modification is obscene or offensive you shouldn?t be so quick to pass judgement.

People don?t realize how expensive and time-consuming it is to design and get tattoos. The people that you look at and decide are ?self-loathing? or criminals are actually very intelligent human beings with thousands upon thousands of dollars invested on their body in the form of beautiful art.

I think it really depends on the job. I normally don?t have a problem, but when my waitress had an infected tongue piercing and was leaking puss that she wiped with her bare hand, I left the restaurant mid order and never went back.

IMO It is a good idea to get them where they can be covered if necessary.

@desiree333 : I think that instead of attacking you, @zenvelo was just being realistic. We all have to live in this world, which is full of people who are not-us.

I show my tattoos when I?m hanging out with friends, or when I?m going to class or teaching my own students, but I?d never go to an interview or important meeting without covering them up. I like to dress pretty fruity when I have a choice in the matter, but I dress more conservatively for initial meetings or interviews, because there?s still a lot of homophobia and femmephobia out there, and I don?t want people judging me before they get to know me. Just because you believe that people shouldn?t make hasty judgments about you does not mean that they will not.

@bookish1 I completely agree with you. Yes, people should be realistic and cover-up during interviews and professional settings. I just get a little riled up when people are discriminatory, especially in such a harsh tone.

I just wanted to comment on the ?genital bisection? thing: That is clearly a personal choice and I see no reason why/how an employer would know about that? Unless some ethical boundaries are being crossed.

@desiree333, @bookish1 Just trying to think of the situation where this question comes up?? ? Reflecting upon your desire to become a teacher, have you, or are you, considering a genital bisection??
I do not believe I have ever been asked that question at a job interview!.

Response moderated (Spam)

As a clinical psychologist, you?ll be working independently, yes? If so, it probably wouldn?t be a huge problem. I work as a bank teller, and visible tattoos are big no-no?s. Why? Doesn?t really matter, it?s just how it is. The real world kind of sucks like that.

Body modification is a choice. If you choose to dye your hair neon pink, you?re going to be judged and probably denied certain jobs because many people would not take you seriously in a professional setting. Sorry, but that?s just how it is. It?s just as easy to choose to not have tattoos (or have them in easily concealable locations) as it is to choose to have them. The repercussions of the latter are something you?ll have to accept.

On a side note, I had no idea what genital bisection was until I saw it here and googled it. I understand most tattoos and piercings, but that?s just?WHY?!

@desiree333 I think @zenvelo is being very realistic and he didn?t make the rules. As @livelaughlove21 says, the real world is what it is. Answers contrary to your opinion are not insults, they are just different views from yours and by asking the question one would think you?d presumably wanted to hear those as well so that you can have a more realistic picture of the whole issue.

@nofurbelowsbatgirl I like KVD better w/o tats. I just like a clean canvas.

@livelaughlove21 I too had to look it up. I still haven?t recovered from what I found.

Oh good God, who dreamed up genital bisection? That?s wrong on so many levels.

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Source: http://www.fluther.com/155102/are-tattoosbody-modification-becoming-more-acceptable-and-tolerated-in-professional-settings/

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Waiting for Bardot

Where, s?il vous pla?t, is the Brigitte Bardot of today?

AFP/Getty Images

French people have?let?s face it?always been rather annoying. Is there a person alive who, at one time or another, has not been on the receiving end of that legendary Gallic snottiness? But in the past it was always easy to tolerate the disdain and the aggressive sense of French superiority. Why? Because, back in the day, they were superior, in every way.

From Jean-Paul Sartre to Jean Paul Gaultier, the French were dans le driver?s seat in most aspects of la culture. And now they aren?t. Small wonder Gerard Depardieu has barreled off to Mother Russia.

Let?s start with la musique. Edith Piaf j?adore! Vanessa Paradis j?adore aussi. Throughout the last century France has produced a creative and diverse stream of groovy hit-makers: Juliette Gr?co, Dalida, Jacques Brel, ?Brigitte Fontaine, Sylvie Vartan, Johnny Hallyday, Sacha Distel ? the list is tr?s long. And the frogs, I must emphasize, were exporting all this pop around le monde, as exemplified by the fact that my sister and I, across the channel in rain-lashed Britain had a 45 of ?Je t?aime? by Jane Birkin and Serge Gainsbourg.

In 1969 this louche anthem to eroticism was banned by the BBC. We bought a copy and memorized the entire thing, including, much to the horror of the upstairs lodgers, the orgasmic finale.

Ok. J?admit that French pop is not exactly heavy, man. We are not talking Led Zep here, but, nonetheless, those French hits had their own unique y? y? essence. With their dark circles under their eyes and their Gitanes-stained teeth, singers like Jacques Dutronc and Barbara exuded poetic sexiness with a whiff of Jean Genet. The pop-iest pop songs are tinged with Left Bank bohemianism and a certain tristesse.

Even the naff ?80s stuff retains this maybe-I-didn?t-bathe-today-so-what? eccentricity. Remember ?Voyage, voyage? by Desireless and ?C?est la ouate? by Caroline Loeb?

Hygiene aside, the French always knew a good tune when they heard it. My all time faves, for their sheer earworm catchiness are as follows: Fran?oise Hardy, at the height of her beauty, singing ?Comment te dire adieu? with a massive orchestra

and Jean Schultheis, at the height of his afro, belting out ?Confidence pour confidence?:

While le pop fran?ais was majeur, it was nothing compared to le cinema, which, if I am not mistaken, is a French word, like discotheque. (See, I told you French culture was magnifique.) In the last century it was possible to live on this planet and only go to French films, such was the variety and fabulosity of the output. ?The most creative directors in the world?Godard, Truffaut, Demy, Varda, Tati?produced a torrent of masterpieces and mistresspieces. And today?

Source: http://feeds.slate.com/click.phdo?i=118bca78da961007ece0912ccd19d1c0

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2013 Farmers Insurance Open leaderboard: Phil Mickelson ...

While Tiger raced out to an opening round 68, Phil Mickelson scuffled on the easier North Course on Thursday at Torrey Pines.

As expected, there were some low numbers posted at the Torrey Pines North Course on Thursday's opening round at the 2013 Farmers Insurance Open. The wind stayed down and as a result, there were plenty of players who posted rounds in the 60s.

Read more on Tiger's opening round at Torrey

Defending champion Brandt Snedeker set the pace, firing an opening round 65 to finish 7-under. Veteran K.J. Choi matched him with a 65 on the more challenging South Course. Snedeker took advantage of Kyle Stanley's collapse here last year, picking up a playoff win that propelled him to a breakout 2012 season. He's looked strong in two starts so far this season and was a heavy favorite coming into the week along with Tiger Woods and Bubba Watson. Bubba was supposed to play with Snedeker in the first two rounds, but he withdrew shortly before his tee time due to illness. Snedeker marched on, however, and jumped out to co-lead with Choi.

One player who did not capitalize on the conditions was Phil Mickelson, who shot an even-par 72 on a vulnerable North Course. Nearly every hole on that layout can be birdied, but Mickelson scuffled around what is a home game of sorts for him in La Jolla. Coming off a lackluster performance at the birdie fest in Palm Springs last week, Mickelson went far afield from golf in his post-tournament comments, ripping what he said were onerous tax levels in California. The comments immediately bubbled up into controversy, and some will say Phil was "distracted" this week because of it. Regardless of the off-the-course drama, Phil will need to get his game together on Friday at the tougher South Course or else he'll be going home early.

For a live leaderboard, visit Golf.com.

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Source: http://www.sbnation.com/golf/2013/1/24/3913250/farmers-insurance-open-2013-leaderboard-torrey-pines

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Big Education Ape: Best Questions: Someday Happens, Part Two ...

Four years ago on the inauguration of the first African American president of the United States, we titled ourWhole Child Newsletter?"Someday Happens," reflecting a T-shirt I saw at the ceremonies that day. Today, independent of political views, I'm wondering when someday will happen for the millions of kids promised a "free and appropriate public education." While that phrase was first introduced in reference to children with disabilities, it applies too often to kids from all walks of life in all parts of the country.

An education based on solely on mastery (however that is defined) of English/language arts and mathematics is not appropriate.

An education filled with support and care and mastery of nothing is not appropriate.

An education which must be purchased in lieu of free opportunities nearby fails to serve the common good and fulfill the social compact promised by the American Dream.

When will someday happen for each child, in each school, in each community? It will happen the day we as a?

Source: http://bigeducationape.blogspot.com/2013/01/best-questions-someday-happens-part-two.html

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