Liberal CNN anchor Carol Costello really wanted legal analyst Jeffrey Toobin to say President Obama won Thursday’s Supreme Court case overturning the White House’s unconstitutional appointment of three labor board members, which circumvented the Senate.
But Toobin wouldn’t bite, gently but firmly informing the disappointed anchor there’s “no doubt” the president lost.
The Court ruled 9-0 against the Obama administration’s 2012 move to install three appointments to the National Labor Relations Board while the Senate was out of session.
The decision wholly invalidates President Obama’s argument that he can move around Senate blocks on judicial and other appointments as long as the legislative body is idle — but not in recess — when he makes his move.
But Costello couldn’t accept the defeat. “So as usual, Jeffrey Toobin, this is a more complicated decision,” she said. “It’s just not black and white. Cause I guess you could say the president lost . . . but did he?”
“Yeah, he lost,” Toobin replied quickly. “There’s no doubt.”
“Well he lost in this particular case,” she admitted plaintively. “But overall, right?”
“Well . . . no, he lost overall,” Toobin insisted. “I mean, there’s no question this is a win for Congress and a defeat for President Obama.”
“The interesting question is, is it a defeat for the presidency?” the legal analyst continued, explaining that it may make “gridlock” more likely by “restoring the Senate as a much more equal partner in terms of approving appointments.”