Pushback: Total victory for The Federalist against attempt by Biden’s Labor Board to silence it

Total victory for Ben Domenech and The Federalist
Ben Domenech at The Federalist

Another past blacklisted American has come away with a triumph for freedom! In April 2022 I reported how the National Labor Relations Board (NRLB) under the Biden administration and working with two leftist lawyers was attempting to silence the conservative news outlet The Federalist because of a very lame Twitter joke sent out by its publisher, Ben Domenech.

In his tweet, Domenech had joked that if any of his six employees dared considering unionizing “I swear I’ll send you back to the salt mine.” The NRLB claimed absurdly this was an example of “unfair labor practice.”

Domenech had hired the New Civil Liberties Alliance (NCLA) to defend him. At first it worked out a settlement whereby all charges would be dropped if Domenech would simply delete his tweet.

Domenech refused. As he said in explaining this decision to fight:
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Today’s blacklisted American: Biden’s Labor Board attempts to silence conservative news outlet for making bad Twitter joke

Ben Domenech and The Federalist, blacklisted
Ben Domenech and The Federalist, censored by the federal government’s
National Labor Relations Board

Blacklists are back and the Democrats have got ’em: The National Labor Relations Board (NLRB) is attempting to silence the conservative news site The Federalist for “unfair labor practice” because its publisher Ben Domenech sent out a bad Twitter joke in 2019 about unions, and two lawyers who had nothing to do with the company complained to the NLRB.

The National Labor Relations Board (NLRB) has ordered Ben Domenech—publisher of the conservative website The Federalist…—to take down a June 2019 tweet in which he joked about sending employees who wanted to unionize to work in “the salt mines.” Domenech has refused, and the case is now making its way through the courts.

Domenech’s tweet came in response to news that employees of Vox Media Inc. walked off the job in support of unionization. No one at The Federalist had publicly expressed any interest in unionizing, and two of the website’s six employees filed affidavits attesting that they viewed the tweet as a joke. As far as I know, Domenech doesn’t own any salt mines.

The complainants, leftist lawyers Matt Bruenig (a former NLRB attorney) and Joel Fleming, have never worked for or been personally harmed by the Federalist and were clearly acting to silence their political opponents by taking advantage of NLRB’s overly broad regulations, which allow total strangers to file complaints against businesses they don’t like. The NLRB then moves to harass those businesses.
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Supreme Court rejects Obama’s recess appointments

The law is such an inconvenient thing: In a 9-0 ruling, the Supreme Court has decided that Barack Obama’s fake recess appointments were unconstitutional.

Two and one-half years ago in 2012, Obama tried to slip-in appointments to the National Labor Relations Board without the constitutionally required Senate approval, claiming he had the right to do so because the Senate was in recess. There’s only one problem. The Senate was not in formal recess when Obama made the dictatorial appointments.

Now the Supreme Court of the United States has ruled in a unanimous 9-0 decision that Obama doesn’t get to define when the U.S. Senate is in recess, the Senate does.

I am gratified that all the Democratic appointees to the court ruled against Obama, refusing to allow their partisan tendencies to overrule the plain language of the Constitution. More information about the ruling and its history here.

A third federal court has ruled that Obama’s fake recess appointments to the National Labor Relations Broad violated the Constitution.

The law is such an inconvenient thing: A third federal court has ruled that Obama’s fake recess appointments to the National Labor Relations Broad violated the Constitution.

The worst part of this violation by Obama and his cohorts is that, even after these rulings, the illegally appointed board has continued to issue regulations, ignoring the decisions of all the courts.

An appeals court has unanimously decided that Barack Obama violated the Constitution when he tried to make appointments to the NLRB when the Senate was not in recess.

The law is such an inconvenient thing: An appeals court has unanimously decided that Barack Obama violated the Constitution when he tried to make appointments to the NLRB when the Senate was not in recess.

The Constitution is very clear on this issue (see article I, section 5). It is up to the Senate to decide when it is in recess, not the President. Obama’s attempt to ignore the clear words of the Constitution here is an ugly example of his willingness to place himself above the law, something no American citizen of either party should take lightly.

A private organization is now taking the White House to court over the president’s decision to install three new members on the National Board Relations board without Senate approval.

The court suits begin: A private organization is now taking the White House to court over the president’s decision to install three new members on the National Board Relations board without Senate approval.

Once again, President Obama’s decision to make these appointments in this unprecedented manner, when it was obvious the appointments would be challenged legally, was a terrible decision that will do no good and a great deal of harm. At minimum, it puts a cloud over anything these appointees do.

Above all, this action is further evidence that this President is an arrogant man with no interest in running the government in a manner that is reasonable or fair.