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    NLRB Goes Deep: Why College Football Might Never Be the Same

    Talk about a Hail Mary. Students who play football at Northwestern University can form a union, according to a surprising, much-noted ruling by a regional director of the National Labor Relations Board. Peter Sung Ohr’s 24-page decision holds that “all-grant-in-aid scholarship players for the [Northwestern] football team who have not … More

    7 Times Obama Ignored the Law to Impose His Executive Will

    President Obama—the imperial President, the “I’ve got a pen and I’ve got a phone” President who can’t wait to show us his “year of action”—once vowed to do exactly the opposite. The biggest problems that we’re facing right now have to do with George Bush trying to bring more and … More

    How Obama's "Recess" Appointments Helped Unions

    In Monday’s Noel Canning case, the Supreme Court considered whether the president can make recess appointments during Senate sessions. Few observers expect the Supreme Court to answer yes. Pundits have paid much less attention, however, to why he would want to stretch the constitutional limits on his authority: to unionize workers through … More

    Obama's Unconstitutional "Recess" Appointments Come Before the Supreme Court

    Remember President Obama’s “recess” appointments—that really weren’t during a Senate recess? The Supreme Court is hearing arguments today in a case that highlights problematic appointments to the National Labor Relations Board (NLRB), which oversees labor unions in America. Three federal appellate courts have struck down these recess appointments as unconstitutional. … More

    Third Time’s a Charm? Another Federal Appellate Court Smacks Down Obama Recess Appointments

    This week, the U.S. Court of Appeals for the Fourth Circuit invalidated the National Labor Relations Board’s (NLRB) unfair labor practice decisions against two companies based on President Obama’s illegal recess appointments in violation of the Recess Appointments Clause. This is the third appellate court to consider the issue—and President … More

    National Labor Relations Board Smacked Down in Court Once Again

    This week, a federal appellate court struck down the National Labor Relations Board’s (NLRB) “poster rule,” finding that the agency does not have the authority to issue such a rule. The poster rule requires more than 6 million employers to post notices at work informing employees of their rights under … More

    Another Obama Recess Appointment Smacked Down

    Today, the U.S. Court of Appeals for the Third Circuit vacated a decision of the National Labor Relations Board (NLRB) on the basis that board member Craig Becker had been appointed in violation of the Constitution. In a 2–1 decision, Judge D. Brooks Smith determined that Becker’s appointment on March … More

    Labor: D.C. Circuit Strikes Down NLRB Poster Rule

    On May 7, the U.S. Court of Appeals for the D.C. Circuit struck down a National Labor Relations Board (NLRB) rule that required more than 6 million employers to post certain types of notices at work informing employees of their rights under the National Labor Relations Act. While notifying employees … More

    Morning Bell: A Blow to Obama's Imperial Presidency

    President Obama has gone around Congress in as many ways as he can find. One way is by abusing the presidential power to make appointments to government positions during a supposed Senate recess—in an attempt to avoid having the Senate confirm the nominees. Last week, a three-judge panel of the … More

    Morning Bell: The 10 Worst Regulations of 2012

    It seems that no aspect of American life can escape government regulation. In the past year, regulators drafted rules that addressed everything from caloric intake to dishwasher efficiency. Most of these rules increase the cost of living, others hinder job creation, and many erode freedom. Not all regulations are unwarranted, … More