let's turn to the issue of the national labor relations board. ack for this president in the course of the last, i don't know, two years. certainly the issue of the national labor relations board appointees recess appointments been found unconstitutional by the d.c. court of appeals. but you going to do with that? >> it was in a recess appointment. it was an perform, and that is technically the senate was not in recess. the bottom line is, however your appointed needs to be shut down and all of the rulings, 218 rulings unconstitutional and they need to be overruled. lou: they have been overruled. they have. what do you think should happen next? >> the vote -- modus operandi of this president is if you like what i'm doing, simi. we do. immigration, health care, a lot of things. but the most dangerous president is the one who is willing to go beyond his bounds because he thinks he has the authority to. he's not going to stop here. the rebuke by the appellate court is really water over his back. he is going to be using executive order upon executive

what are some of these decisions why are 9 decisions from the national labor relations board so congressional? >> employers and unions see the national labor relations board as extremely important because there are often fights between the two about whether the union broke the law during a strike, whether the employer broke the law during a unionization, andnow the labor board has really gotten very involved in setting rules for employer os on social media, when can employers tell their employees what they can do in social media and what they can't. and basically the effect of today ruling would nullify a lot of watching what nlb has done over the past year if the supreme court upholds it. >> so what were the problems that the judges in the district court have? >> the judges-- the judges said that the recess, the recess appoint oments by president obama last january were illegal. the president said that the senate was actually out for a break. and that he was allowed to make these ress appointments. the senate said, the republicans in the senate said it was not a real break. that they were co

what are some of these decisions why are 9 decisions from the national labor relations board so congressional? >> employers and unions see the national labor relations board as extremely important because there are often fights between the two about whether the union broke the law during a strike whether the employer broke the law during a unionization andnow the labor board has really gotten very involved in setting rules for employer os on social media when can employers tell their employees what they can do in social media and what they can't. and basically the effect of today's ruling would nullify a lot of watching what nlb has done over the past year if the supreme court upholds it. >> so what were the problems that the judges in the district court have? >> the judges-- the judges said that the recess the recess appoint oments by president obama last january were illegal. the president said that the senate was actually out for a break. and that he was allowed to make these recess appointments. the senate said the republicans in the senate said it was not a real break. that they were con

over picks for the national labor relations board.uling that could have big implications. >> reporter: as he rolled out dennis mcdonough, president obama hoping for a smooth start to the second term. instead, brushed back by a federal appeals court, rulings wherely he violated the constitution last year. >> it was just a huge massive overstep of executive power. unconstitutional power grab. >> it semis from dramatic election year showdown where the president bypassed the senate and put three picks on the national labor relations board, using the recess appointments on january 4, 2012. power the white house continues to defend vociferously today. >> the decision is novel and unprecedented. it contradicts 150 years of practice by democratic and republican administrations. >> except republicans use pro forma sessions to make sure the senate was not really in recess when the president made appointments. g.o.p. senators today hailed the court decision as a mayor victory. >> i think he has been getting ready to exercise a lot of executive o

waiting many months lower because this is the first time the president julie members of the national labor relations board. or both in forcing and inter-breeding us private sector labor law have ruled directly on this question of facebook postings as what's called protected concerted activity now protected concerted activity traditionally people associate with things like going on strike wearing buttons workers all wearing the same t. shirt to work to important to keep in mind this is not just something that union activists can do you don't need to have a union you don't need to be trying to form a union the legal standard is it needs to be workers who are getting together to try to improve their working conditions so let me stop you right there josh tell me who exactly is protected out of that and who isn't so most private sector workers are covered under the national labor relations act of one nine hundred thirty five there are many groups of workers who are in excluded like farm workers and domestic workers but most private sector workers are covered under this law whether or not you have a union and w

unconstitutionally with the violation of the constitution on his recess appointments to the national labor relations board. a year ago he put three people on the board claiming that the senate was in recess and that therefore, he could use that power to appoint them, when in fact the senate was not in recess. it's now gone through the courts and we've seen the d.c. circuit, one of the highest court in the land, next to the supreme court, say that what he did was unconstitutional. so the concern is, i think is very real and legitimate that the administration sometimes isn't as cautious or as precise, if you will. i mean, there was a deliberate case where in fact, the courts found that he violated the constitution. >> wisconsin sheriff has a message for milwaukee residents, get your guns. in a new radio ad urging people to fight back against criminals saying, calling 911 and waiting is no longer your best option. sheriff clark joins us. nice to see you, sheriff. >> good to see you, greta. >> greta: so, sheriff, what provoked this ad? >> well, first of all, i have a duty and a responsibility as a law enforce

that involves three vacancies on the national labor relations board.resident claims he acted properly because the senate was away for the holidays, giving him the right to do it in their absence, but the ruling could throw into question the resist aappointment of richard cordray to head the financial bureau pending right now. his appointment was made at the same time and challenged in a separate case. let's bring in jay sekulow, chief counsel for the center of law and justice and julia, former staff director of the house reform committee. welcome to both of you, esteemed panel on a really important topic, good to he see you. >> good morning-- afternoon. >> jamie: yes, and both. jay, you first. if this case goes on to the supreme court and first of all, do you think it will? what could be the further implications? >> well, you know, the further implications would be the court could, and i think in all likelihood if the court does agree to take the case, if the department of justice asks to take it, it could have dramatic repercussions, finally interpret

president obama violated the constitution when made three invalid appointments to the national labor relations boardsenator corker you and 41 of our senate colleagues joined in support of the lawsuit. what do you think the ruling says about presidential overreach both in the appointments and also in all of the executive actions he has been taking recently? >> well, it was a huge victory for anybody who believes in balance of power and the constitution and i could not have been more excited. i came up off the floor when i saw that that had happened and hopefully the supreme court will uphold it. there is no question what happened with the nlrb and the consumer financial protection head that was abusive and thankfully the district court here in washington struck it down and hopefully the supreme court will uphold it. >> chris: abusive in what way? >> my gosh, these people just never had a hearing. so i mean they came forth. they never had a hearing. and he confirmed them. or he appointed them. it was one of the most abusive cases ever. obviously this ruling is very far reaching and actually knocks dow

and in his frustration the administration said, we were elected to govern and whether a national labor relations board they wanted to put people in place to govern. i hope what happened thursday night, chris will change this. we had a bipartisan, strong bipartisan vote for some rules changes and included in those rules changes were changes in the way we treat nominees, not only for the courts but for these agencies. let's have a day in court for each one of them, and let's have a hearing and let's have a vote. >> chris: i want to move on to another subject but briefly, i understand the president's frustration, that doesn't mean he can just rewrite the constitution. >> listen, i worked in the congressional branch, legislative branch of our government and i certainly didn't hold up our team, model, whatever it happens to be, whoever the president happens to be, but i want to put it into perspective. we have seen this president denied the opportunity to make appointments. over and over and over again. because one senator happens to hate a particular agency or a particular person. for goodness sakes, in f

apparently althe decisions made by the national labor relations board are now moot in the last year because the appeals court thinks that he has violated the constitution. add soming further dysfunction to our nation's capital. adding dysfunction to this show. joy reid has to leave us. >> joy blobitty blah. >> i will not go by reid until we get filibuster reform. >> thank you as always. >> thank you. >> coming up, the suicide of a 26-year-old internet activist leads to a discussion about the prosecution of cyber criminals. we will discuss with chris hayes when he joins us for up now just ahead. so if you have a flat tire, dead battery, need a tow or lock your keys in the car, geico's emergency roadside assistance is there 24/7. oh dear, i got a flat tire. hmmm. uh... yeah, can you find a take where it's a bit more dramatic on that last line, yeah? yeah i got it right here. someone help me!!! i have a flat tire!!! well it's good... good for me. what do you think? geico. fifteen minutes could save you fifteen percent or more on car insurance. this reduced sodium soup says it may help lower ch

violated constitution in making recess appointments to the national labor -- making recess appointments to the national labor relations boardit very year ago. republicans refuse to confirm his nominees. on friday, three-judge panel ruled obama had improperly asserted the senate was in recess even though it was technically and pro-forma sessions. if upheld, the ruling to bring an end to the practice of recess appointments for all future presidents. two senators have announced they will not seek reelection next year's midterm. saxby chambliss of georgia is stepping down rather than potentially face a primary challenge from the party to party wing. chambliss has faced criticism from afar republicans for working with democrats on a bipartisan debt as a plan. from across the aisle, democratic senator tom harkin of iowa has announced his retirement after five terms in office. he served in washington for 40 years, previously as a member of congress. president obama has tapped longtime aide dennis mckenna to become his new white house chief of staff. obama made the announcement friday. >> he has been one of my closest and most trus

with me today to discuss the implications of the decision on the national labor relations board, andance of power, really, is new york thames labor reporter steven. greenhouse. welcome to "the war room." >> nice to be here. >> jennifer: explain why the court invalidated those decisions. >> it's much more sweeping than anybody expected. it said the president's ability to make recess appointments. it's just one time each year. at the end of each year when congress and the senate and the house end their session and before they begin their new session in january only in that two-, three-,four- five- -day window can presidents make appointments. since 1867 when andrew johnson they were making appointments all throughout the year when congress was in recess. the three-judge panel said no that's wrong since 1867. the only time you can make recess appointment is during the short period when congress ended session at the end of december before january. it will make it harder, any future president to make recess appointments when the senate really digs in and tries to stop an appointee. >> i m

president obama violated the constitution when he made three recess appointments to the national labor relations board, served on the nlrb and served as its chairman as one of two members on the board until in 2010 the supreme court declared the board could not authorize rulings with fewer than three members. joining me now is the former chairman of the nlrb. good to have you here. there is great irony here in the rulings in the democratic response, the white house response, but effectively what they're saying is this, that they see appellate court, 218 rulings are now in the air by some judgments. they are also saying without question that this -- these recess appointments when congress or the senate or in pro forma recess, if you welcome a pro-forma status, that they cannot be considered to be in recess. your reaction? >> to fold. one, the number of cases that are invalidated, it really is an 200, 219, that is the total number of cases. it's only those cases pending before the d.c. circuit that the court refused to enforce. with regard to saying, you know, that the court's decision was unprecedented

constitution saying the president did not have the power to make three recess appoint ams to the national labor relations boardast year -- appointments to the national labor relations board last year because the senate was not in session at the time. the white house had no comment but is expected to repeal. if the ruling stands, hundreds of decisions from the board could be made invalid. >>> come up on the news edge at 11:00 police search for a mob of men that attacked a teenager near a metro station. >> and a woman is suing match.com after she says her date tried to kill her, why she says online dating nearly cost her her life at 11:00. >>> thousands of kids got an early jump on the weekend today as many school districts across the region dismissed early because of the snow. for many the call to close early came not too long after students began their school day forcing several parents to juggle their schedules. fox 5's tom fitzgerald has that story. >> reporter: at the walter johnson high school in montgomery county, maryland, the big train of students cleared out quickly and teachers soon followed suit. >>

now, the chairman of the national labor relations board says, open for business. the board should not be open for business because the board only has one member who has been constitutionally appointed and confirmed, in his case unanimously by the senate. so the board, without a full quorum of three members, which it does not have -- two are unconstitutionally appointed -- the board can't issue regulations, can't decide cases, including appeals of decisions or unfair labor practices. let me give you an example that might affect the state of tennessee. we were very concerned last year, i was, tennesseans were, when a complaint began to make its way through the national labor relations board affecting the boeing company and its decision to put a plant in south carolina. in other words, boeing, from a state that does not have a right-to-work law, wanted to put a new plant in a state that does have a right-to-work law. and a complaint was filed which on the face of it made it look like if you wanted -- if you tried to do that, it's just prime faish aevidence that you'r

the chairman of the national labor relations board, nevertheless said in effect the nlrb is open forusiness. i respectfully suggest a different sign should go up. "help wanted. nominations needed." and that the two nlrb members whose recess appointments were unconstitutional should leave the court, because the decisions -- leave the nlrb, because the decisions in which they participated -- and there were 219 of them -- cannot be valid if they're challenged, just as this one decision was vacated, cannot be challenged because since they stwrurpbltly there -- they weren't constitutionally there, the nlrb didn't have a quorum. under the rule of this court, those decisions couldn't stand. they are important decisions, as the senator from wyoming undoubtedly will mention more about. they involve such issues as microunions. now, several observers have said the court's decision is broad. in fact, madam president, it is a breathtaking decision. it is a bold decision. but by all standards, it seems to be the correct decision. here's why i say that. if you take an american history book in one h

it invalidated three appointments to the national labor relations board he made while congress was on the holiday break. it says the move wassen constitutional use of executive and fighting for the power. republicans claimed they created a panel that was overly pro union. the white house is expected to file an appeal. >> they skipped the inaugural ceremony but now one high profile political family is back in town. mitt romney and his wife are in d.c. for a social visit. he's attending a reception in his honor held by katherine rehn -- reynolds feel last time he was here is when he had lunch with the president. >> there are more signs the economy is doing better. the s&p 500 closed today before 1500. that hasn't happened since december of 2007ion started. strong reports from proctor & gamble and others helped it extend the winning ways for the eighth straight session. that is the longest winning streak since 2004. >> when it comes to stocks holding at the closing bell says it all. one company proves plenty of money and movies. there is nearly $60 billion unclaimed in america. some of i

all appointed by republican presidents, but the bottom line is this also means that the national labor relations board whose appointes were held up for months because republicans in the senate that issed they were too pro-labor, now can't function because they can't function without a full team. >> right. what the court of appeals said is these decisions are invalid because the nlrb had a quorum. they had no authority to be there. the important thing about the ruling, though, is that they don't say that the senate is right because it can create a non-recess by these little short we're in session, we'll see you again tomorrow things. they say the real question is the calendar. not what so much what the senate says or what the president says, but what the calendar says, and the constitution says there's only a one recess, and that's between the two sessions of congress. >> thanks so much. pete williams, david gregory, this is a beg deal. richard was just reappointed again, a recess appointment, just yesterday by the president. he succeeded elizabeth warren in this very important consumer protection boar

according to the national labor relations board. cbs 5 reporter says complaints within limits are an employee's right. and they can't get fired for it. >> why does she even administer here? >> my boss -- >> do not do business with this company. >> these worker complaints come from social media. joel said he would use facebook or twitter to rant, too. >> maybe you are mad and want to vent. >> if he did, it would be his right on social media if he were do it to improve his workplace. that's according to the labor relations board. >> linda of the northern california aclu says the board has affirmed that the same freedoms workers have around the water cooler also extend to social media. >> it may not be flattering for an employee to say gosh, they are unsafe working conditions here. i'm worried about this, the safety of myself and fellow coworkers. but that protects speech. >> here's what you can or can't do when criticizing your boss. it's okay to complain along with other employees for the purpose of improving salaries, benefits, or w

lehrer productions >> brown: a federal court ruled president obama's appointments to the national labor relations board made during a congressional recess were unconstitutional. good evening. i'm jeffrey brown. >> sreenivasan: and i'm hari sreenivasan. on the newshour tonight, we get the latest on the decision and the reaction from the white house. >> brown: then, we hear from two of our newshour colleagues on the road: margaret warner reports from jerusalem on moves in israel to form a new coalition government. >> sreenivasan: and ray suarez updates the high-powered meetings of heads of state, business leaders, and others at the world economic forum in davos, switzerland. >> brown: from mali, lindsey hilsum looks at tensions caused by government troops as they advance into islamist territory. >> sreenivasan: spencer michels has a story about trash and one city's crusade to eliminate all of it. >> reporter: san francisco boasts that it recycles 80% of all garbage, and is aiming for zero waste. but some skeptics don't believe it. >> brown: plus, mark shields and david brooks analyze the week's news. tha

violated the the president did not have the power to make three recess appointments to the national labor relations board last year because the senate was in session and not in recess at the time. the white house had no comment on the ruling but is expected to appeal. if the ruling stands, hundreds of decisions from that board could be invalid. >>> today is the 40th anniversary of the landmark supreme court ruling roe vs. wade. thousands of right to life protesters desended on the national mall to mark the occasion. there was a mass at the national cathedral. there were speakers on the national mall and peaceful demonstrations. many who traveled across the country for the event stay they're standing up for their beliefs. >> this isn't just a police where people are -- trip where people are going from one place to the other. this is people traveling for moral reasons, of significance of life. >> smaller life events are taking place this weekend. >>> a recent high school graduate was shot and left for dead. it happened early this morning at the intersection of 5th and nickelson streets northwest. police te

court in washington says he did not have the power to make recess appointments to the national labor relations board early last year. president obama claims he acted properly because the senate was away for the holidays. the court says the senate was technically in session since lawmakers held so-called pro forma sessions. >>> exxonmobil has dethroned apple as the world's most valuable company. apple stock fell since earnings reports on wednesday. it fell to $442 today for a market capitalization of $415.6 billion. it followed a 12% drop yesterday. exxon gained 10 cents today with a market capitalization of $417 billion. >>> the fate of drakes bay oyster company could be decided. they are is using the government after the permit to use the point reyes national seashore expired in november. the judge will decide whether to allow the company to operate while the case is heard. >>> mountain lions may be saved who wander too far into our neighborhoods. cbs 5 reporter elissa harrington tells us a number of options are on the table. >> this bill becomes a signal, message, to every citizen of california to

a federal appeals court unanimously ruled that the president's appointments to the national labor relations board last year were unconstitutional. senate republicans filed the case against the president, arguing that the appointments were made while the senate was in pro-forma session and not in recess. the obama administration is expected to appeal. a fresh audit of apple's supply chain reveals continuing labor problems. apple has conducted nearly 400 audits of its suppliers, including foxconn. investigations revealed cases of underage workers, discrimination and low wages. the company says it is cracking down on its most challenging labor issues. it will also investigate smaller suppliers. hostess brands are closer to finding a new home. the iconic twinkie company may dish out an agreement this week to sell its drake's cake business. flowers foods is expected to bid $390 million for wonder, butternut and other hostess bread brands, while bidders may be in the works for twinkie snack cakes. meanwhile, across the pond, the latest indicators show britain's economy shrank more than expected in the

three spots on the national labor relations board and richard cordray to run the new consumer financial protection bureau. but today a three-judge panel of the federal appeals court in washington said that power can only be used between the end of one session of congress and the beginning of another, not during any congressional break. and the court said it can be used only to fill spots that become vacant during those recesses. presidents of both parties have made more than 300 recess appointments. thurgood marshall, earl warren and william brennan got on the supreme court that way before being confirmed. it's how john bolten was made u.n. ambassador. and larry eagleburger, secretary of state. so the obama administration seems certain to appeal this to the supreme court, brian. >> huge decision today. pete williams from our d.c. newsroom tonight. pete, thanks. >>> president filled a big job today that does not require congressional approval. he named a veteran of his own staff, his new chief of staff in the white house. denis mcdonough comes from the foreign policy shop. he has been de

the california nurses association has filed a formal complaint with the national labor relations board against sutter health and will be picketing in vallejo between 11 a.m. and 2:00 p.m. >> almost 4:23 supporters of a dog on death row are protesting today although san francisco officials have spared his life. charlie the pitt bull attacked an officer and the horse. the police officer suffered a concussion after intense negotiations the city agreed to let charlie live in a sanctuary but protesters say the city isn't following through with the promise to let the former owner to choose the home. and they will be at city hall this morning at 10:00 a.m. >> hollywood celebrities kickoff the conference in san francisco where fans of apple products, although the company officially stopped attending in 2009, they expect 30,000 to attend this year. ashton kutcher talked about his role as the late apple co-founder steve jobs and then "will i am "will discuss the future of technology with live reports from the moscone center coming up. >> nasa will fly a special aircraft over parts of the bay are