there was, the nlrb, the supreme court previously held unless the agency has a quorum, three members, they're not able to junction, and they dip below that. they are not able to decide matters properly before them. and notwithstanding that the senate was refusing to take nominees before them. this was a case of holding up nominees was very much by design, intended to slow or halt functioning of the agency. >> and it was defeated because ultimately the president did nominate and the senate confirmed the full roster of nlrb commissioners and they're moving on. if these particular rulings were invalley, the new board that is >> every sunday night join us for exclusive... revealing... and surprising talks with the most interesting people of our time... >> parkinson's forced his wife to type his novels. >> not only was i typing badly, but i was hallucinating... >> now, a revolutionary proceedure is giving is giving this best selling author a second chance >> it was a wondrerful moment... >> after the implant, they turned the juice on, and... >> emily & martin cruz smith on talk to al jazee

but after the president filled the positions the nlrb acted on a court ruling from washington state that the noel canning company had violated a contract with its employees. they took the case to the dc court of appeals stating that the nomin nominees were unconstitution an therefore the board had no room to react. the senate either agree with the administration that the president can make appointment at any break, or the senate could continue to block appointments, and literally presidential appointments should only fill vacancies at that time. >> what the president has done here when the senate is convening sessions every three days. these appointments were particularly unprecedented. >> historically presidents were both parties have made recess appointments. sometimes to install officials who would otherwise have a difficult time in the senate confirmation process. the supreme court case of the national labor relations board has given a lengthy 90-minute oral argument. the court will hear from lawyers respecting from both sides and 45 senators concerned about overreach. >>> how did th

in 2012 president obama named three people to the national labor relations board or nlrb while the senate was not working but instead was in per form ma session. the three seats had been vacant for a long time because the senate had not approved the nominations while in session. >> this was a clear attempt not to put into place officials that the senate couldn't confirm but in place officials that the senate wouldn't confirm. >> reporter: with the super majority in place senate republicans had blocked the previous nominees leaving the labor board unable to do business. but after the president filled the positions the nlrb acted on a court ruling from washington state that the noel canning company had violated a contract with its employees. they took the case to the dc court of appeals stating that the nomin nominees were unconstitution an therefore the board had no room to react. the senate either agree with the administration that the president can make appointment at any break, or the senate could continue to block appointments , and literally presidential appointments should only fill

those nlrb decisions will now be in dispute so that's the part of the uncertainty. let me also mention one thing. four democrats, it polls for them very well to call the government shutdown the republican shutdown. you're going to hear that a lot, okay. just as that actually helps democrats get their people out to vote in 2014, democrats make a mistake if they don't think that this whole lawlessness, president obama unhinged, not going through congress. that actually polls very well for republicans. in an off-year election with the helicopter in his sixth year and likely not going to win back the house and at risk of losing the senate, this kind of messaging from cornyn or limbaugh or whoever it is actually helps republicans. >> so you think we've got obamacare and lawlessness. those are the two main issues for republicans. >> jobs. >> let's pivot back to jobs. >> but these issues are completely pointless. the solution for all the people that are complaining right now about president obama is to find your obama. would you for god sake elect a winner. that's the issu

>> it may not end immediately at the nlrb. it may go further.e end of the day, you have to look at the ramifications. you can see potential violations of title 9. women's sports. inequity when it comes to women's teams versus men's teams. how do you compensate these football players? there are some that don't play at all. they're on the team but they never play. there are some that do have college scholarships. there are others that don't. it just creates a big pandora's box. it doesn't really solve problems, it creates more. >> between this and the concussions issue there's trouble ahead. it's clear. >> it is clear. this actually may be a bone that's being thrown for students who think student athletes who think, you know what? we'd actually like some more rights. we'd like to be there at the table. but let's call it for what it is. they're getting free training while they're students. they're getting access to the top doctors, access to nutrit n nutritionis nutritionists, you name it. they're able to hone their skills to make themselves market

s is it everything the nlrb has the done since that date?here are tricky questions.ely ratify i think the nlrb can go back and all. retroactively ratify most of they what they have done but maybe icky set not all. there may be some things they r the had to do a tricky set of justice questions, tricky to handle concurrence. that.ah i think >> justice thomas will write a hat's concurrence about the word happened. so mu >> that is right. for lov >> thank you so much. our c i can tell for being here and liste loving our constitution the way here i do and all the folks listening out there, as we are we the people. >> it is time to break for floor. lunch. there are restrooms downstairs m. on this floor and on the second floor. we are going up to the george lunch. jager conference center up the spiral staircase for lunch.roups for let me again thank the th the federalist society and practice groups for cosponsoring this th event today with the cato institute. fed we haveer a good relationship with our friends at the federalist warm society. in most

what they are doing is in fact labor. >> even if the nlrb says the wildcats can't organize an appeal is likely. so it could be a few years before the players win representation. by that time, the team members filing the petition will have already left the playing field. for al jazeera, chicago. >> only college football and men's basketball players will be allowed to join the union. the organization says those two sports make the best case that they are employees of the ncaa. now going back to our other top story, the rare ice and snowstorm that hit parts of the south. so bad people stuck in their cars for hours. dave warren is here to tell us it is all ending. >> the snow and ice is ending. the temperatures will stay down. it will keep the ice on the roadways. it may melt during the day but refreeze overnight. the temperatures will be down below the freezing mark across the southeast. this is the last few hours. you saw the rain and snow clearing out. temperatures remain in the teens. but where are they headed? computer forecast shows that 7, 8:00 dropping back down tonight. thursday

>> the nlrb.l labor relations board, and the present one is filled with democratic lawyers who used to represent labor unions. and if they characterize college athletes as employees and let them join unions, that will radically and drastically and negatively change amateur sportsas we know it. >> and a lot of unions backing this? >> unions like like membership and members that make a lot of money and pay the dues. that helps the unions. unions always want to get better. simple question. can the football play ares join the union? >> they have the right to. and will the school have to rige with anybody they want. will the school have to recognize the union? that's what nlrb will have. >> what do you think they will say? >> no. it's such a radical change president obama's appointees will say we're just not ready for this. >> play ball. thank you, judge. >> stay warm with that super bowl. >> i indeed will. >> speaking of warmth, there is a deep freeze down south stranding thousands of drivers. many ha

nlrb was going to lose its quorum. >> as a result of congressional of -- refusal. >> that gets to thesecond point. it may be true as a matter of raw power that the senate has the ability to sit on nominations for months and years of the time. but that is 100 miles from what the framers would have expected. if you look at what hamilton said in federal 76 about the advice and consent role of the senate, he said it was a power that was really exercised and would operate invisibly or silently. advice and consent was a matter of days. >> there is an aggressive argument in favor of executive power and it has nothing whatsoever to do with whether the senate is in session or not. when the senate acts in your view irresponsibly and refuses to confirm nominations, the president must be able to fill those positions. that is what you are arguing. i do not see whether -- what that has to do if the senate is in session. >> the recess power may act as a safety valve even that intransigence. >> i think you said the rationale for the recess power is the president must be able to have the government fu

dagen: much more liberal than it was. >> the nlrb traditionally manifests the values of the presidentas two interim appointments, nevertheless, is filled with liberal democrats who were labor unionists. i do not think they should. back when i was in college, when television was black and white. you could play in a varsity sport and put some money to the bottom line of the university. dagen: it is about safety. >> a college student injured because of inadequate protection and let's say football would cost that college an extraordinary amount. the state of illinois protecting this. connell: it is not really a story. if you think about it, it seems kind of weird. >> they will call you as a witness. connell: they are making money. >> a great basketball coach is a friend and former client of mine. infinitely happier now coaching a college team. in large measure because you do not have these overplayed, overpaid players. it is not about money. it is just about winning and the development of the sport and the team. dagen: you think that it is fair that these colleges bring in this amount of

. >> the nlrb hits walmart for workers rights violations. >> the nlrb is standing up for these very brave. >> they tear biggest, most powerful, have the most money. into built into the dna of this company and the walton family is greed, greed, and more greed. >> and today's top trender, issa-capades. >> he is a fly in the ointment, isn't he? >> i object. >> he has been waging a permanent taxpayer-funned witch-hunt on the demonstration. >> democrats think his agenda is off target. >> we spend a lot of time talking act healthcare.gov. >> your personal information likely can be hacked on these websites today. >> with healthcare.gov, there has been no successful breach of the i.t. security, but we have not looked into target. >> target's holiday hacking, one of the largest retail security breaches ever. >> what is his agenda? nobody knows. >> joining me now is congressman elijah cummings of maryland, who is ranking member of the house overnight committee. congressman, always a pleasure to have you on "the ed show." appreciate to have you on tonight. >> good to be with you, ed. >> the numbers

the nlrb is highly political. they're very much pro labor. we could have expected this.-mart, you think? all right, we'll see. this is from the other side of the fence, amazon. workers there, a very small number of workers, in a warehouse, voted to reject an initiative to form a union. keith fitz-gerald, what's your comment on that one? >> good, i don't think they should. amazon is a capitalist thing and money is going where it's traded best, they don't want that in their house. stuart: you're such a conservative, i'm surprised you live in oregon, it's extraordinary. are there any other conservatives in oregon? a couple bopping around there. >> maybe mai'm the only one, i don't know. stuart: and amazon, we know they're working on projects, delivery drones, got that. vending machine for the kindle e-reader. but there are reports that amazon has a brand new product coming down the pipe one they're calling bigger than the kindle. who better to look at this than the editor and chief mark spoonhour. what have they got? >> could have a few things up their sleeves, couple of th

question centers around whether the president was in the right when he made his appointments to the nlrb two years ago. typically stephanie the president nominates people for positions to serve in the executive branch either as judges or to run federal agencies. then it's up to the senate to confirm them. the one loophole is if the senate is on recess. two years ago when the president pushed through these confirmation the senate was not in washington. they were technically in session but not here in town. the white house said that's the key. if the senate is not here they're recessed. the senate republicans have a very different interpretation. they say the recess only happens once a year in between legislative sessions. just because congress is not in washington does not mean that the president can move ahead. this is clearly a political fight. the white house upset bus senate republicans have blocked nominations. it has broader implications. >> obviously some really big stakes, libby casey reporting from capitol hill. thank you. >>> coming up after a year of strong sales car makers are

if they uphold the decision, experts say that the justices could endanger hundreds of nlrb decisions. even more significant other ramifications for feature presidents, the court poised to bolster or blended the chief executives appointment powers. 'rulings like this have implications that last for ,'according to a labor attorney and cochairman of the workplace policy institute." that is one of many right ups on the court today. it is a busy period for the court right now. "the washington post" has this headline. they point out that over the next "100 days or so, it will hear oral argument in only 25 cases." they go want to talk specifically about the case they are hearing today." "the marquis case on the court's agenda as a register is a good example. for 200 years the court is not headed to rule on the meaning of the constitutional provision that allows the president to make recess appointment of high-level government officials when the senate is not in .ession to provide consent the clause states that the president shall have power to fill all vacancies that may happen during the re

the next step, a formal vote by the whole team supervised by the nlrb. very interesting development there. >> it is interesting. who else is going to sign up? what other schools? or does it fizzle out. we'll see. that's "nightly business report" for tonight. i'm susie gharib. thanks for watching. >> we hope you'll join us tomorrow night. i'm tyler mathisen. have a great evening. again we hope to see you back here tomorrow. "nightly business report" has been brought to you in part by -- >> the street.com. the street.com is an independent source for stock market analysis. cramer's action alerts plus service is home to his million million portfolio. you can learn more at the street.com/nbr. >> tonight on revolutionaries. >> no matter how much progress women have made, the world and you know, get ready for the blood truth here, the world is still overwhelmingly run by men. >> cheryl created headlines worldwide with her book urge women to lean in. in this episode of revolutionaries, sheryl sandberg has a wide ranging conversation about her views with her ment

on monday, january 13, the supreme court will hear an argument called the nlrb defers is standing with the most important constitutional cases is expected to decide this term at issue is the recess appointments power to make recess appointments to federal office is that otherwise requires confirmation and it has never decided said nature or scope but for today's debate it is worth it to begin to'' the constitutional text at issue if you pull out your handy kato pocket constitution article ii of sexual back to you can see that it says the presidential have power to tell all vacancies that could happen through the recess of the senate by granting commissions that expire at the end of the next session the purpose of that plea in the is to allow the president to fill offices that should become vacant when the senate is not in session so could not give the advice or consent that would be required for confirmation. separation of powers and the conqueror power of this and it is at issue in this case. that is not how the power has been used for years and no where is that more clear than when p

even indicated makes it sound like she is extremely skeptical the of the recess appointments to the nlrb >> the president thinks he can determine when the senate is in or out of session. it will benteresting from the arguments today less supremes are looking at this i don't think the press can be so sure his appointments will stand. it is a new day. he has relished his authority one to many times ifhe doesn't like the way congress be paid as he does a run around on the tree back to. he doesn't think congress should have a role in government, i guess. lou: speaking of the clinton candidacy, this president seems to be right now holds up. he is buffered we are not hearing a lot from him. >> no. but i predict we will see much more of him and certainly on friday when he talks about the change or reform for the nsa. lo do you remember the time the national media was very careful with rds and would not use reform work proposals for plants are not give away the word because it is so obviously prejudicial to the positive. we will see if there are any other examples of prejudice or bias in the med

but we did, in fact, address can it in the nlrb brief. not nlrb -- nfib, sorry, which i worked on. so we did raise it. but here's the thing i think you have to keep in mind, and i agree with you, the treatment of this issue by the chief justice was highly cursory, sort of an afterthought. and part of the reason was there was no adversarial briefing on the issue. you shouldn't be making law on an important legal question like that without the adversary system working, so you generate good arguments on both sides and then are able to test those in oral argument. none of that happened because it was a side issue that didn't go, that was never really raised. and so it's another reason why, i think, what the chief justice did was a mistake. it was, actually, complained about, i hi, by the dissenters -- i think, by the dissenters on that issue, as to the fact that he reached this issue without full attention to it and, you know, maybe bad law to the extent his one opinion is law. but it goes to another issue that i noticed that i think i said here in one of my blog posts, and that is whe

. >> and like the nlrb for a long time didn't have enough commissioners for a quorum. >> right. well, you had a number of our courts around the country don't have judges to handle the workload because heavy been blocked. they've just stalled. they don't wait on them. or then they wait so long that these people say, well, i've got to go do something else. so it becomes a real, a real anchor weighing down the judiciary in a lot of ways. >> and the final area we'd appreciate your views on which you touched on a bit, and that is this whole -- i don't even know what name to put on it, but the health care mess that we're in in terms of everything from the web site to the opinions about whether it's a good legislation or bad legislation. how did we got there, and do -- how did we get there, and do we get out of it? >> well, that's topic a right now. my daughter and i were talking about this to the other night. what we can piece together, as we know now -- [laughter] this is the latest example of it, attempting to change a huge, complicated program like health care is just a vast undert

on requirement is that the general counsel of the nlrb must enforce the ban on secondary ,hat cuts within a fixed time 30 or 60 days. it turns out there is no general counsel at that time. -- the congress and executive have come together to address those problems and a vast number of cases by providing there can be an acting general counsel of the nlrb to deal with that situation. >> with respect to multimember boards, the vacancy at does not cover them. that is one reason we have the problem here. beyond that, the framers made a judgment that this was not going to be left to congressional largess. that is why there is a recess appointment clause. >> let's talk about the 1940 eight emergency, the secretary of labor. there was a vacancy in that >> whatever was the case in 1789, congress can be back here in one day. saysle two, section three they may convene both houses. that is true. the president has the power to call him back. >> they made a different judgment. backhad the power to call during extraordinary circumstances. >> my point is what the cannot be determined on the basis that the

nlrb can probably retroactively ratify most of but maybe notone all. there might be some things they have to do again. the nlrbe tricky for to handle that. >> justice thomas will write a the wordce about "happen." >> i think that's right. thank you so much and i can tell for being here and loving way i do,tution, the and for all our folks listening out there. the people, and i agree there. >> it's time now to break for lunch. there are restrooms downstairs on this floor and on the second floor. going up to the george m. up theconference center spiral staircase for lunch. let me thank the federalist its practice groups for co-sponsoring this event today with the cato institute. have a good relationship with our friends over at the mostalist society in cases. in any event, let's conclude with a warm round of applause for our speakers. [applause] [captions performed by national captioning institute] [captions copyright national cable satellite corp. 2014] >> the senate is continuing to agreement ton extend long-term unemployment benefits. the congressiona

collins joins us, she participated in a number of the strikes, including the one brought about the nlrb complaints. barbara what did the company say you did? >> i got fired for anew call no show, for june 1, 2 and 3, for they knew i was out on strike. >> you called in sick or what did you say? >> i faxed over the information not only to the store but also to home office. and my management didn't respond to me calling in. >> how much money were you making at walmart? >> $11.05 an hour. >> how does that do for you single mom? >> single mom i just learned to survive. that's what exactly all the workers are doing, just surviving. >> at $11 an hour i'm asking you know is that something that you can live on?úis this really a cr you to make it on $11 an hour? >> it really is a challenge. because even though i was full time, it wasn't -- i wasn't getting 40 hours a week. i was getting retaliated against by being a member of the organization. so my hours got cut down to eight hours one week, 16 for another. and yeah it's a challenge and a struggle and you just not only learn how to survive but -

when the president appointed those three members to the flmpletrb, the -- the nlrb, the national laborions board they started the new year but they weren't here in town. and the president says if they weren't here that means they were in recess. spokesman jay carney spoke today and defended the white house position overall. >> we are confident that the president's authority to make recess appointments will be upheld in the courts and look forward to resolution of this matter. >> reporter: now, senate republicans say it is the senate that decides when that body is in recess and a pro forma session means they are still around and tony they say they may have the upper hand on this one. >> as we have been discussing here, this is a battle that has been going on for some time now. what does it mean, the balance of power between the congress and the white house? >> we saw this argued this morning. we'll know the supreme court's decision by the end of june when they wrap up this term. where does the balance of power lie? is the president allowed to move forward? the senate's accused of blocki

he did things like appoint guys to the nlrb without congressional approval, on what he said were recesses and the courts have said, no, theyen with the and so on. do you see this next -- the remainder of his presidency as being mired in court proceedings as we've seen in the past year? >> there will be more of this. as you pointed out, those mlrb appointments and a bunch of others that he made during the -- and a bunch of other things that were done during that senate appointment -- the supposed recess, which i think the supreme court is going to find was not a recess at all. the senate is the body that gets to decide when it's in recess, that's all going to be struck down. when the deployments are struck down, all kinds of actions that were taken with those appointees will fall with them, so this is an example of the limits you find when you're using your pen to order things or get things done. it's one thing he can do that's worth noting, it appears he's going to make some appointments to the u.s. court of appeals here in washington, because the senate has decided they're not going to p

the high court heard arguments another an appointment to the nlrb without the senate's approval. the arguments involve the constitution's so-call recess appointments clause which allows president to fill positions when the senate is in recess. the justice are debating a few questions, including whether a resist is a break between sessions of congress or anytime lawmakers are out of town. observers in court report that a majority of the justices asked questions it seemed critical of white house actions but analysts remind us, tough questions do not tell the story and often don't tell us anything how the court may rule. we expect a decision by the end of june. the supreme court refused to hear a case involving an arizona law which effectively banned doctors from performing most abortions after 20 weeks. so the lower court ruling stands which strikes down the law as unconstitutional. so arizona's fairly new abortion laws, very restrictive, there's no way to enforce them because of the action or lack of action from the supreme court. >> cops in california say they have a serial arson

we don't know what's going to happen with the labor department, whether we're going to have nlrb organizing in our places. so you have guys who are afraid, a lot of business people are afraid to go forward and it's not a good atmosphere, this is not conducive to hiring people. the problem that the president has, he's got to be thinking about positive things to make and not the negatives. he's thinking about negative things and not the positive. he's not helping to create jobs in america. >> let me ask you, if you had to do it over again, if you could start, there was a time before home depot became this huge c conglomerate, where it was just your vision on paper and a couple of buddies. in this environment, if you had to do it all over again, do you think you could? >> you couldn't do it. number one, when we started out the biggest problem we had was getting a line of credit from a bank, neil, and we couldn't find a bank in atlanta who would loan us money on our balance sheet. the balance sheet was really bad and we finally found a banker in california who would loan us money, remember, thi

wal-mart again elm the nlrb filing a complaints, claiming wal-mart violates a labor law by firing orhose strikes over wages in 14 states. wal-mart denies its. they're the largest nonunion company to face such a complaint and critics of wal-mart claim that's exactly the reason, because it's a nonunion shop. this labor law professor disagrees. >> thank you for having me. well, i think that -- well, first of all, the 94% of workers are nonunion companies so wal-mart is not being targeted other than it has a long history -- >> put unionized retailers dope -- >> a great percentage of american workers -- >> talking about unionized retailers that don't get half the grief. leaving that aside wal-mart is being selected -- >> broke the law. the law is clear. since then 1930s. that workers have the right to discuss terms and conditions of employment freely, that they have the right to protest their terms and conditions of employment and the right to strike. >> you don't believe wal-mart when it says it didn't selectively go after these groups and punish them. >> absolutely not. i don't believe

the nlrb is suing walmart in 14 states accusing it of workers rights violations.were fired for protesting. 41 stay they were threatened or disciplined over these protests. walmart saying it believes it acted law flee and is looking forward to airing the facts of the case. meanwhile apple will finally start selling iphones in china this week. cnbc scored a rare interview with apple ceo tim cook. he called the deal a watershed moment for the tech giants. china mobile has an estimated 600 million customers which will be a huge market. apple will refund at least $32.5 million to settle complaints about kids using their parents' phones to buy things in apps. apple agreed to pay $100 million in a settlement about the same issue. the stock up two percent today in reaction to the china mobile news. new jersey governor chris christie is a huge bruce springsteen fan but he may not have liked the boss' performance last night on jimmy fallon ♪ some day governor, i don't know when this will all end ♪ ♪ but until then you're killing the working man who is stuck in a fort lee tr

because particularly when it comes to the nlrb, national labor relations board, republicans in the senatet want to confirm anybody. so the democrats who were in charge of the senate kind of manufacture recesses. the recess power came in the 18th century when the senate would be out of session for seven, eight months at a time. >> took a long time to get to washington. >> exactly. that's why they basically -- the framers of the constitution said, look, we can't have the senate out of session and the president unable to fill -- fill seats. but now what's happened is that the presidents and obama is not the only one to have done this by any means. with his allies in the senate, they basically do these quick recesses, put people in, and so they don't have to be confirmed by the senate. they can serve for about a year. the constitutionality of those recess appointments during these sort of manufactured recesses, that's really what's at stake here. >> now, mitch mcconnell, the senate minority leader, i take it he was hearing these arguments himself today. >> he was there, senator mike lee was t

we're confident the nlrb will find in our favor as there is no right to organize student-athletes.trated" senior writer andy staples has been following this issue very closely. he joins me now. andy, it is interesting here, right, i've been calling this -- it's been a year of crisis for football, in the pro game it's safety, for all of football frankly. but in the college game, it's been all about this sort of -- all of the different financial issues, and the big business as college football and the players feeling a little left behind. >> well, it's a deal, chuck, where over the past 30 years, the revenues have skyrocketed, mostly from tv. as you know, 24-hour newschannels, live sports, the only thing keeps the tv universe afloat. and live sports have become extremely valuable. so the schools have figured this out, and they are getting a lot of money for the football games, for the men's basketball games. and meanwhile, the players' compensation, the scholarship, tuition, room, and board has remained flat. you know, you can only raise the revenue for so long before the labor force

. >> lengthy nlrb for a long time. >> a number of courts around the country don't have judges to handle the workload because they've been blocked. they stalled. they wait so long that these people say i got to go do something else, so it becomes a real anchor, weighed down the judiciary in a lot of ways. >> they were smart enough they could coit in house. there's a tremendous number of people they had in the campaign who are technical wizards that they should have used. they didn't do that. now they're bringing in business, corporate experts on technology, a lot of young people are now trying to get this fixed. but the damage has been done to the credibility of the program now, and it's going to take a while to get this fixed and to get it working. they're saying that by the end of the month the enrollment web site will be working for most people. we'll see. but it's, what it is, the big problem with it is that it undermines the cornerstone of president obama's approach to government which is that the government can be relied on to be competent and get things done. we don't want to, i d

is up to then nlrb. it does regulation ultimate picketing, it and say what you can and can't do and the courts that.viewed and what standard do courts use decides in its wisdom and expertise well, the go here but they can go there. all of which has speech implicationings. what standard of review do the courts use? >> sir, i'm not aware of the use.ard they >> are you aware of any case, putting it -- where the standard has differed from the ordinary appear p.a. standards. >> i'm not aware of cases one way or the other. >> if there should be a new standard for reviewing this kind of regulation, i think that's a serious question. >> i don't think so, your honor. >> thank you, counsel. mr. rienzi, you have three minutes remaining. >> thank you, mr. chief justice. notral points, first, it's impossible to draw a statute to deal with the problems, 49 other states deal with the alleged the next prosecution massachusetts institutes for blocking a door will be its decades.at least two >> is that true, mr. rienzi ir

and that the nlrb appointments were invalid.et's go to pete williams who, of course, is live at the supreme court where we'll hear these arguments today. pete, the impact that this is going to have is either on obama appointees post -- starting in 2015, if republicans gain control of the senate, or for the next president. >> reporter: that's right. of course, this is a power presidents have used since the beginning. back in the olden days, the founding days of the republic, congress was in session a few months of the year. so if, say, in august, the secretary of war keeled over, the institution gave the president the power to make a recess appointment until the next congress came back. let's look at the actual provision here. this is a part of the constitution, article ii, the president shall have power to fill up all vacancies that may happen during the recess of the senate. so there's two questions here. what is vacancies that may happen during the recess mean? does that mean he can only fill up vacancies that happen, that ari

. >> labor professor says the challenge will be convincing the nlrb that the players are in fact workers. >> i think that for student athletes, it's that transforming that perception on cam pulse for both the athletes, as well as the campus community that, you know, what they're doing is in fact labor. >> even if the nlrb says the wildcats can organize, an appeal is likely, so could be a few years before players win representation. by that time, the team members filing the petition will have already left the playing field. aljazeera, chicago. >> only college football players and men's basketball players will be able to join the union. they say those two sports make the best case that you are employees of the nc ax a. >> during the state of the union address, the president called out congress for their bitter divide, saying he'll use executive powers to get things done if they don't start getting together. >> this town has been consumed by the proper size of the federal government. it's an important debate, one that dates back to our rear founding. when that debate prevents us from carryi

judges, so we didn't think it was going to be a major issue, but we did, in fact, address anytime the nlrb brief. not nlrp -- >> [inaudible] >> which i worked on. but we did raise it. and i agree with you that the treatment of this issue by the chief justice was highly cursory. and sort of an afterthought. and part of the reason was that a there was no oral argument on the issue, there was no adversarial briefing on the issue. you shouldn't be making law on an important legal question without the adversary working, so you generate good arguments on both sides and be able to test in oral argument. none of that happened because the it was a side issue that didn't go, that was never really raised. so it's another reason why i think what the chief justice did was a mistake. it was, actually, complained about, i think, by the dissenters. on that issue as to the fact that he reaches this issue without briefing and without full attention to it. and may, you know, maybe bad law to the extent his one opinion is law. but it goes to another issue that i noticed that i think i said here in one of my b

the regulation of labor is up to the nlrb. a regulate picketing and what you can and cannot do. the courts have reviewed that. what standards do they use when they decide the pickets can go here but not there? you can do this but not that? all this has speech implications. what standard does the court use? >> i am not aware of the standards they use. >> are you aware of any case where it has different from the ordinary standards? should we create a new standard? >> i don't think so, your honor. >> three minutes remaining. >> thank you mr. chief justice. several points. it is not impossible to draw statute to deal with problems. 49 other states deal with the alleged problems. this will be the first prosecution in at least two decades. >> is this the only statute of its kind? >> is the lay state of this kind. this will be the first prosecution in at least two decades. >> is this the only statute of its kind? >> it's the lay state of this kind. there are few municipal statutes of this kind. the police officers testified that they know the regular players. they know the mall. if you

that's what the nlrb is upset about, that walmart had threatened perhaps by indicating the workers wouldpunished if they participated in these protests. the complaint does indicate that for 11 days from may through june of this year you were away from work and as you mentioned, you have traveled to various cities to participate in some of these protests. how many days off does -- do walmart workers get each year? >> it depends on how long you have been there. most workers are part-time, so they don't get any full-time benefits or they don't get any vacation time. so when we take time off, really it's not taking time off. we're on ulp strikes. a lot of workers do not get the benefits. >> so let me put it this way. are you a part-time worker or full-time worker at walmart? >> i was one of the more fortunate ones before i got fired who was full-time, but i still was not able to make it. i was making roughly less than $15,000 a year and not able to afford to live on my own. even being one of the more fortunate ones i still was not well off or doing good enough to be able to sustain myself. >

the regulation of labor is up to the nlrb. a regulate picketing and what you can and cannot do. the courts have reviewed that. what standards do they use when they decide the pickets can go here but not there? you can do this but not that? all this has speech implications. what standard does the court use? >> i am not aware of the standards they use. >> are you aware of any case where it has different from the ordinary standards? should we create a new standard? >> i don't think so, your honor. >> three minutes remaining. >> thank you mr. chief justice. several points. it is not impossible to draw statute to deal with problems. 49 other states deal with the alleged problems. this will be the first prosecution in at least two decades. >> is this the only statute of its kind? >> is the lay state of this kind. there are few municipal statutes of this kind. the police officers testified that they know the regular players. they know the mall. if you know them all and they are congregating, you should get an injunction and get them out of the way. all the evidence that the u.s. cited,

. >> i think so, but the way that the nlrb appointments went, the facts were far different from the boltonhas done on the friday night amnesty moves, now on this federal government worker hiking their wage. you understand why a lot of people out there both have little to no respect for what's happening in washington and why people think this is truly the imperial presidency. the president wants to just be king for a day and unfortunately, this day seems like it's never ending for the american workers. >> and we're begging for transparency as it was promised to us, but the more we find out about certain things, almost more scary it gets. we're finding out about the secret abortion fee, which was forecast about four years ago and sort of a warning from some pro-life communities and organizations. but is this true that there is a hidden fee to cover abortions under obamacare? >> yeah. i don't think it was hidden. we've been talking about this for quite a long while on my radio show and i know others have written about it. it's something that, again, americans united for life and all these oth

one was the lower court's ruling, overturning the president's attempt to appoint the nlrb members without senate approval. and the other was a rare order from the d.c. circuit court of appeals rejecting the administration's attempt simply not to enforce laws related to yucca mountain and nuclear waste. mr. speaker, this stop resolution allows the house of representatives to seek the intervention of the judicial branch to rein in these executive abuses and reconstitute the separation of power. i hope it also sends a message to the obama administration that this body, as one half of a co-equal branch of the united states government, we're not going to stand by and watch the erosion to this constitutional -- this country's constitutional framework. so, again, a sincere thank you to my colleague from south carolina for taking the lead on this, for showing leadership and i'm proud to be able to state to the people of alabama's second district when asked, what are you doing about this, so the stop resolution is the step in the right direction so thank you very much. mr. rice: thank you, mrs. ro

there was, the nlrb, the supreme court previously held unless the agency has a quorum, three members, they're not able to junction, and they dip below that. they are not able to decide matters properly before them. and notwithstanding that the senate was refusing to take nominees before them. this was a case of holding up nominees was very much by design, intended to slow or halt functioning of the agency. >> and it was defeated because ultimately the president did nominate and the senate confirmed the full roster of nlrb commissioners and they're moving on. if these particular rulings were invalley, the new board that is activists show the >> th welcome back to inside story. i'm ray suarez. we're talking about the president's ability to make nominations when the senate is at recess. in the nlrb and many other departments were of longstanding but unable to either get a hearing or unable to pass the relevant committee. the question is had the advice and consent power been used to make the nlrb non-functioning as an agency of government? >> i think that was the plan. there was, the nlrb

in the nlrb and many other departments were of longstanding but unable to either get a hearing or unable to pass the relevant committee. the question is had the advice and consent power been used to make the nlrb non-functioning as an agency of government? >> i think that was the plan. there was, the nlrb, the supreme court previously held unless the agency has a quorum, three members, they're not able to junction, and they dip below that. they are not able to decide matters properly before them. and notwithstanding that the senate was refusing to take nominees before them. this was a case of holding up nominees was very much by design, intended to slow or halt functioning of the agency. >> and it was defeated because ultimately the president did nominate and the senate confirmed the full roster of nlrb commissioners and they're moving on. if these particular rulings were invalley, the new board that is >> th welcome back to inside story. i'm ray suarez. we're talking about >> a jazeera america is the only news channel that brings you live news at the top of every hour >> here are the he

there was, the nlrb, the supreme court previously held unless the agency has a quorum, three members, they're not able to junction, and they dip below that. they are not able to decide matters properly before them. and notwithstanding that the senate was refusing to take nominees before them. this was a case of holding up nominees was very much by design, intended to slow or halt functioning of the agency. >> and it was defeated because ultimately the president did nominate and the senate confirmed the full roster of nlrb commissioners and they're moving on. if these particular rulings were invalley, the new board that is >> every sunday night join us for exclusive... revealing... and surprising talks with the most interesting people of our time... >> parkinson's forced his wife to type his novels. >> not only was i typing badly, but i was hallucinating... >> now, a revolutionary proceedure is giving is giving this best selling author a second chance >> it was a wondrerful moment... >> after the implant, they turned the juice on, and... >> emily & martin cruz smith on talk to al jazee