Court says Obama exceeded authority in making appointments

President Obama exceeded his constitutional authority by making appointments when the Senate was on a break last year, a federal appeals court ruled Friday. The court’s broad ruling would sharply limit the power that presidents throughout history have used to make recess appointments in the face of Senate opposition and inaction.

A unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit flatly rejected the Obama administration’s rationale for appointing three members of the National Labor Relations Board (NLRB) while the Senate was on a holiday break.

Chief Judge David B. Sentelle sharply criticized the administration’s interpretation of when recess appointments may be made, saying it would give the president “free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction.” He added, “This cannot be the law.”

The issue seems certain to end up before the Supreme Court, which ultimately could clarify a president’s authority to fill his administration and appoint federal judges when a minority of the Senate blocks consideration of his choices.

Although recess appointments have been made throughout the nation’s history, they have been more commonly made by modern presidents who face partisan opposition that has made it hard for nominees to even receive a vote in the Senate.

Additionally, Friday’s decision casts doubt on hundreds of decisions the NLRB has made in the past year, ranging from enforcement of collective-bargaining agreements to rulings on the rights of workers to use social media.

The ruling also raises questions about the recess appointment of former Ohio attorney general Richard Cordray to head the fledgling Consumer Financial Protection Bureau and about the actions taken by the agency during his tenure, including major new rules governing the mortgage industry. Obama named Cordray at the same time as the NLRB nominees, and his appointment is the subject of a separate lawsuit in D.C. federal court.

The White House criticized the court ruling. “The decision is novel and unprecedented, and it contradicts 150 years of practice by Democratic and Republican administrations,” White House press secretary Jay Carney told reporters Friday. “We respectfully but strongly disagree with the ruling.”

Presidents from both parties have made hundreds of recess appointments when the Senate has failed to act on nominations. Ronald Reagan holds the record with 243. Obama’s predecessor, George W. Bush, made 105, and it was during his term that Senate Democrats began holding pro-forma sessions, some lasting less than a minute, when the Senate went on break. They contended that that kept the Senate in session and did not allow Bush to make recess appointments.

Republicans took up the practice when Obama was elected. But Obama decided to challenge it in January 2012, when the Senate was on a 20-day holiday but holding pro-forma sessions every three business days to block presidential action.

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Funerals for six protesters killed by Iraq troops

FALLUJAH, Iraq: Funerals were to be held on Saturday for six anti-government demonstrators killed by Iraqi troops during a rally in Fallujah a day earlier, sharply raising tensions amid weeks of angry rallies.

The deaths in the predominantly Sunni town west of Baghdad were the first since protests began last month, and came as tens of thousands rallied in Sunni areas of the country, railing against alleged targeting of their minority by the Shiite-led authorities.

While some Shiite clerics gave cross-sectarian support to the protests, Prime Minister Nuri al-Maliki blamed demonstrators for "raising tensions" and insisted soldiers had been "attacked".

Friday's rally had been moving from central to eastern Fallujah, 60 kilometres (35 miles) from Baghdad, but was blocked off by soldiers, police captain Nasser Awad said.

Protesters then began throwing bottles of water at the troops, who opened fire.

Six demonstrators were killed, all of them from gunshot wounds, said Khaled Khalaf al-Rawi, a doctor at Fallujah hospital. Rawi said 35 were wounded, the majority by gunfire.

Defence ministry spokesman Major General Mohammed al-Askari said an inquiry had begun, and pledged that victims would be financially compensated.

Officials in Fallujah earlier said the army had vacated the town and had been ordered to transfer security responsibility to the police.

Maliki called for restraint by security forces in a statement issued by his office, but also said soldiers had been attacked in the first place.

"This is what Al-Qaeda and terrorist groups are seeking to exploit," he said, referring to apparent sectarian tensions.

Along with protests in Fallujah on Friday, large demonstrations also took place in several other Sunni cities in north and west Iraq, as well as in Sunni neighbourhoods of Baghdad.

The protests have hardened opposition against Maliki and come amid a political crisis less than three months ahead of key provincial elections.

- AFP/al

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Telangana issue: US cautions its citizens about developments in Andhra Pradesh

HYDERABAD: Agitations related to the demand for separate Telangana state have prompted the US state department to caution its citizens in Hyderabad to be careful till February 4.

A statement issued by the consulate general of USA here said there could be also demonstrations/protests on the arrest of Owaisi brothers of MIM, that may lead to disturbances.

Following a statement by Union home minister Sushil Kumar Shinde last month that the decision on Telangana would be taken within a month, political parties and civil society groups opposing or supporting the statehood have stepped up their activities in Andhra Pradesh.

"Multiple events associated with upcoming religious and national holidays, a possible decision on the Telangana statehood issue, and recent arrests of local political leaders may result in large gatherings or demonstrations throughout the city through to February 4, 2013. These events could potentially lead to civil disturbances, traffic congestion, and bandhs (strikes) that disrupt routine services," the Consulate statement said.

"Please avoid the areas where demonstrations are occurring and exercise caution if within the vicinity of any large gatherings. Please stay current with media coverage of local events, be aware of your surroundings, and practise personal security awareness at all times," it advised.

The latest update on the US state department's website also highlighted Telangana issue. "Until the issue is resolved definitively, there may continue to be tension, especially in the Telangana Region of Andhra Pradesh," it said.

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Pictures: The Story Behind Sun Dogs, Penitent Ice, and More

Photograph by Art Wolfe, Getty Images

If you want the beauty of winter without having to brave the bone-chilling temperatures blasting much of the United States this week, snuggle into a soft blanket, grab a warm beverage, and curl up with some of these natural frozen wonders.

Nieve penitente, or penitent snow, are collections of spires that resemble robed monks—or penitents. They are flattened columns of snow wider at the base than at the tip and can range in height from 3 to 20 feet (1 to 6 meters). The picture above shows the phenomenon in central Chile. (See pictures of the patterns in snow and ice.)

Nieve penitente tend to form in shallow valleys where the snow is deep and the sun doesn't shine at too steep an angle, said Kenneth Libbrecht, a physicist at the California Institute of Technology in Pasadena who studies ice crystal formation.

As the snow melts, dirt gets mixed in with the runoff and collects in little pools here and there, he said. Since the dirt is darker in color than the surrounding snow, the dirty areas melt faster "and you end up digging these pits," explained Libbrecht.

"They tend to form at high altitude," he said. But other than that, no one really knows the exact conditions that are needed to form penitent snow.

"They're fairly strong," Libbrecht said. "People have found [the spires] difficult to hike through."

—Jane J. Lee

Published January 25, 2013

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WH, Senators to Begin Push on Immigration Reform

The White House and a bipartisan group of senators next week plan to begin their efforts to push for comprehensive immigration reform.

President Barack Obama will make an announcement on immigration during a Tuesday trip to Las Vegas, Nevada, the White House said on Friday. The Senate group is expected make their plans public around the same time, the Associated Press reported.

See Also: Where Do Labor Unions Stand on Immigration?

For Obama, immigration reform is a campaign promise that has remained unfulfilled from his first White House run in 2008. During his 2012 re-election campaign, the president vowed to renew his effort to overhaul the nation's immigration system. It has long been expected that Obama would roll out his plans shortly after his inauguration.

The president's trip to Las Vegas is designed "to redouble the administration's efforts to work with Congress to fix the broken immigration system this year," the White House said.

Ever since November's election, in which Latino voters turned out in record numbers, Republicans and Democrats have expressed a desire to work on immigration reform. Obama has long supported a bill that would make many of the nation's 11 million undocumented immigrants without criminal records eligible to apply for an earned pathway to citizenship, which includes paying fines and learning English.

Charles Dharapak/AP Photo

But the debate over a pathway to citizenship is expected to be contentious. Other flashpoints in an immigration reform push could include a guest-worker program, workplace enforcement efforts, border security, and immigration backlogs.

In a statement, the White House said that "any legislation must include a path to earned citizenship."

Ahead of his immigration push next week, Obama met today with a group of lawmakers from the Congressional Hispanic Caucus (CHC), including chairman Rubén Hinojosa (D-Texas) , Sen. Bob Menendez (D-N.J.), Democratic Caucus Chair Rep. Xavier Becerra (D-Calif.), and CHC Immigration Task Force Chair Rep. Luis Gutierrez (D-Ill.), the latter's office said. CHC members are expected to play a pivotal role in the debate.

"The president is the quarterback and he will direct the team, call the play, and be pivotal if we succeed. I am very optimistic based on conversations with Republicans in the House and Senate that we will do more than just talk about the immigration issue this year," Gutierrez said in a statement following the CHC meeting with Obama. "The president putting his full weight and attention behind getting a bill signed into law is tremendously helpful. We need the president and the American people all putting pressure on the Congress to act because nothing happens in the Capitol without people pushing from the outside."

A bipartisan group of eight senators, which includes Menendez, has also begun talks on drafting an immigration bill and will play an integral part in the process of passing a bill through Congress. Sen. Marco Rubio (R-Fla.), who has been participating in talks with others senators, has also unveiled his own outline for an immigration proposal.

The group of senators have reportedly eyed Friday as the date when they'll unveil their separate proposal, according to the Washington Post.

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Mixed reactions in India after high court delays controversial film's release

INDIA: Mixed reactions in India to the Madras High Court's decision to put on hold the release of a movie "Vishwaroopam". The latest work of Tamil actor and film-maker Kamal Haasan, has been accused by some Muslim groups of making the community look bad.

Haasan said he never intended to denigrate anyone and that the movie is being used by groups for political gain.

Tamil actor and film-maker Kamal Haasan has to wait a little longer for his latest movie to premiere in his home state of Tamil Nadu.

The Madras High Court put on hold the release of the film after protests against the film spilled onto the streets. Some Muslim groups petitioned for the movie to be banned, alleging that it depicts the community in a negative light.

Mohammed Hanifa, a coordinator for the Tamil Nadu Muslim Movements and Political Parties Confederation, said: "We cannot accept the picture. Muslims of Tamil Nadu are against the picture. We don't want the picture to be released."

Vishwaroopam will be released in the rest of the country as scheduled.

Kamal Haasan termed the ban "cultural terrorism" and said he will take legal recourse against the Tamil Nadu government.

Movie lovers said the ban is unfortunate.

Sanjay Roy, a literary festival organiser, said: "Yes, there is an element there which needs to be looked at. But there's no need to ban it. If you don't like something, don't go and watch it. If you don't like something, don't go and read it.

"I don't understand why artists are banned every time. Why is art banned? I have never seen any politician being banned."

Made with a budget of about US$17 million, the film is expected to do well at the box office. Besides producing and directing, Kamal Haasan also stars in the movie.

As India is set to celebrate the anniversary of its constitution formation, a judge will watch the movie and decide if Kamal Haasan gets to enjoy his cultural freedom, or if Muslim groups will get their way.

-CNA/ac

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Jaipur literature festival to lose money, sponsors exit

JAIPUR: The sixth edition of the Jaipur Literature Festival is running on a negative budget of over Rs.1.5 crore (approx $278,000) with several sponsors pulling out in the last three weeks citing financial constraints, said organisers.

"Our budget for this year is between Rs.5 crore-Rs.6.8 crore but we managed to garner only Rs.4 crore in sponsorships," festival producer Sanjoy K. Roy told IANS.

He said they had covered the budget for this year through sponsorships. "But in the last three weeks, many pulled out. And by that time, it was too late find new sponsors."

"Looks like we will lose money," he said, adding that they had last year managed to recover the cost of the event, billed as the largest literary festival in the Asia-Pacific region. He said his entertainment company Teamwork Production would have to foot the unrecovered bill.

Festival co-director and writer Namita Gokhale had also said in her opening speech that they were "Rs.1.5 crore behind budget".

"It is a bad financial year," she said.

Asked if the negative balance will affect the festival plans next year, Roy said: "We have to find new ways to get money."

He said it was hard to downsize the festival. "People come with big expectations. The festival has become one of five largest in the world. We have no choice."

According to estimates till Thursday, he said, the footfall at the event was likely to cross 97,000. The five-day festival ends Monday. The 2012 edition had seen 120,000 footfalls.

Over 280 authors from across the world are attending the festival this year. Entry to all the venues is free.

Asked if sponsors seek presence of celebrities at the festival for more crowds, Roy said: "It's not about celebrities anymore."

People came anyway because of the event's popularity, he said.

On adding naming of the sponsors to session venues, he said: "They want returns! Since they cannot get tangible returns, like real sales, but only brand returns, so we try to invent new branding opportunities."

He said one sponsor wanted to have a session on arts or an English newspaper wanted a session on international relations or another on language writers. "We have to understand the needs of the sponsors. They are not doing charity. They have to get something out of it and we have to meet their requirements."

The two consistent sponsors of the event continue to be infrastructure company DSC Ltd and Diggi Palace, the heritage resort in this Rajasthan capital that has been hosting the literary carnival. The other big sponsors are Tata Steel, Google, Airtel and Coco-Cola.

DSC group's Surina Narula said in her speech Thursday that "financially they (organisers) were not getting much" but "the company will continue to support the fest as long it was open to public and people kept coming".

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Deformed Dolphin Accepted Into New Family

In 2011, behavioral ecologists Alexander Wilson and Jens Krause of the Leibniz-Institute of Freshwater Ecology and Inland Fisheries in Germany were surprised to discover that a group of sperm whales (Physeter macrocephalus)—animals not usually known for forging bonds with other species—had taken in an adult bottlenose dolphin (Tursiops truncatus).

The researchers observed the group in the ocean surrounding the Azores (map)—about 1,000 miles (1,600 kilometers) off the coast of Lisbon, Portugal—for eight days as the dolphin traveled, foraged, and played with both the adult whales and their calves. When the dolphin rubbed its body against the whales, they would sometimes return the gesture.

Among terrestrial animals, cross-species interactions are not uncommon. These mostly temporary alliances are forged for foraging benefits and protection against predators, said Wilson.

They could also be satisfying a desire for the company of other animals, added marine biologist John Francis, vice president for research, conservation, and exploration at the National Geographic Society (the Society owns National Geographic News).

Photographs of dogs nursing tiger cubs, stories of a signing gorilla adopting a pet cat, and videos of a leopard caring for a baby baboon have long circulated the Web and caught national attention.

A Rare Alliance

And although dolphins are known for being sociable animals, Wilson called the alliance between sperm whale and bottlenose dolphin rare, as it has never, to his knowledge, been witnessed before.

This association may have started with something called bow riding, a common behavior among dolphins during which they ride the pressure waves generated by the bow of a ship or, in this case, whales, suggested Francis.

"Hanging around slower creatures to catch a ride might have been the first advantage [of such behavior]," he said, adding that this may have also started out as simply a playful encounter.

Wilson suggested that the dolphin's peculiar spinal shape made it more likely to initiate an interaction with the large and slow-moving whales. "Perhaps it could not keep up with or was picked on by other members of its dolphin group," he said in an email.

Default

But the "million-dollar question," as Wilson puts it, is why the whales accepted the lone dolphin. Among several theories presented in an upcoming paper in Aquatic Mammals describing the scientists' observations, they propose that the dolphin may have been regarded as nonthreatening and that it was accepted by default because of the way adult sperm whales "babysit" their calves.

Sperm whales alternate their dives between group members, always leaving one adult near the surface to watch the juveniles. "What is likely is that the presence of the calves—which cannot dive very deep or for very long—allowed the dolphin to maintain contact with the group," Wilson said.

Wilson doesn't believe the dolphin approached the sperm whales for help in protecting itself from predators, since there aren't many dolphin predators in the waters surrounding the Azores.

But Francis was not so quick to discount the idea. "I don't buy that there is no predator in the lifelong experience of the whales and dolphins frequenting the Azores," he said.

He suggested that it could be just as possible that the sperm whales accepted the dolphin for added protection against their own predators, like the killer whale (Orcinus orca), while traveling. "They see killer whales off the Azores, and while they may not be around regularly, it does not take a lot of encounters to make [other] whales defensive," he said.

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It's Official: Women Will Serve in Combat

Women will soon be able to serve in combat, as things officially changed with the stroke of a pen today at the Pentagon.

At a joint news conference, Secretary of Defense Leon Panetta and Joint Chiefs of Staff Charman Gen. Martin Dempsey signed a memorandum rolling back a 1994 directive prohibiting women from doing so.

"They serve, they're wounded, and they die right next to each other," Panetta said of women and men in the military. "The time has come to recognize that reality.

"If they're willing to put their lives on the line, then we need to recognize that they deserve a chance," Panetta said, noting that he wants his own granddaughters and grandsons to have the same opportunities in their lives and careers.

The change won't be immediate, however. While Panetta announced that thousands of new positions will now be open to women, he has asked the military branches to submit plans by May on how to integrate women into combat operations. He set a January 2016 deadline for branches to implement the changes, giving military services time to seek waivers for certain jobs.

Both Panetta and Dempsey said they believe the move will strengthen the U.S. military force.

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"Ultimately, we are acting to strengthen the armed forces," Dempsey said. "We will extend opportunities to women in a way that maintains readiness, morale and unit cohesion."

Women have already served in combat in Iraq and Afghanistan, as ABC News' Martha Raddatz and Elizabeth Gorman reported in 2009: Prohibited from serving in roles "whose primary mission is to engage in direct combat on the ground," women in support roles, nonetheless, served in support roles on the frontlines, where they have fought, been wounded and died.

Women have also flown combat missions since 1993 and have served on submarines since 2010.

Panetta noted that 152 women have died serving in the U.S. military in Iraq and Afghanistan. Dempsey said he realized a change was inevitable when he noticed two female turret gunners protecting a senior military officer.

"It's clear to all of us that women are contributing in unprecedented ways to the military's mission of defending the nation," Panetta said. "Women represent 15 percent of the force of over 200,000 [and] are serving in a growing number of critical roles on and off the battlefield.

"I've gone to Bethesda to visit wounded warriors, and I've gone to Arlington to bury our dead. There's no distincton."

Panetta and Dempsey said President Obama supported the move, while warning them to maintain military readiness as they considered the change.

Obama hailed the move in a written statement

"Today, by moving to open more military positions -- including ground combat units -- to women, our armed forces have taken another historic step toward harnessing the talents and skills of all our citizens," he said.

"This milestone reflects the courageous and patriotic service of women through more than two centuries of American history and the indispensable role of women in today's military," Obama said.

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OPM plans to shake up charity program raise concerns about reduced donations

The Office of Personnel Management wants to shake up the Combined Federal Campaign (CFC), the charitable-giving system for federal employees, but in the process the agency could risk losing donors and reducing contributions.

One rule under review by the Obama administration would “eliminate the use of cash, check and money order contributions. Instead, all donations will be required to be made through electronic means.”

This could “streamline the operations,” as proposed rules from OPM suggest, but whether it also would “increase the effectiveness of the program to ensure its continued growth and success” is questionable.

The reason: In 2011, the last year for which OPM data are available, just 22 percent of the money pledged was donated electronically. Moreover, 88.4 percent of the donors did not make electronic contributions.

So, a move to electronic-only donations would seem to put CFC at risk of losing a majority of its donors. The proposal worries executives of some charitable organizations, even as they welcome other sections of the plan.

Federal employees contribute through the CFC to various charities. Donations exceeded $272 million in 2011. That’s a lot of money, but it represents a drop of almost $10 million from 2009, the high point.

An OPM spokeswoman said the agency does not comment on rules under review. In the 53-page document that contains the proposed regulations, however, OPM Director John Berry wrote:

“These proposed changes will introduce efficiencies and cost savings into the CFC by leveraging technology that was not widely available just a few years ago. They will make the CFC more efficient, more transparent, more accountable and more relevant to Federal, Postal and military service personnel who want to make the biggest impact with their donations.”

Scott Jackson, chief executive of Global Impact, said electronic giving can save $14 a pledge, by reducing processing costs.

“That’s very, very powerful,” he added. How the change to electronic-only contributions might effect donations presents “important issues to work through,” he said. Global Impact administers the overseas campaign of the CFC.

Those issues leave Stephen M. Delfin “highly concerned.” He is president and chief executive of America’s Charities, a group that works with CFC organizations. Delfin said he is worried that the rules, previously reported by the Federal Times, could result in lower donations.

“You have to be careful,” he said. “Technology is not a panacea.”

Marshall Strauss, chief executive of the Workplace Giving Alliance, a consortium of CFC federations, agreed. Although he thinks “electronic donations are an excellent addition to the campaign,” he said he worries that relying solely on that “may dramatically reduce the number of people giving and the overall receipts of the campaign. Many thousands of people prefer to give by check or even cash, and we would hope the government would preserve these options.”

In addition to electronic-only giving, Delfin and others have concerns about a proposal to eliminate 184 local CFC committees in favor of fewer and larger regional panels.

This would require “a reduced number of Federal personnel for oversight purposes,” according to the plan.

But it also would diminish the sense of community that charitable leaders say is crucial in motivating individuals to give.

Dumping the local committees will shrink the “person-to-person feeling of the campaign, which is very, very important,” said Kalman Stein, president and CEO of EarthShare, which was recently selected to administer the Combined Federal Campaign of the National Capital Area.

Stein said that he doesn’t think OPM understands “how critical that local component is” and that he is “very concerned the campaign will decline precipitously” if the Local Federal Coordinating Committees are eliminated.

“Our history shows that more consolidation leads to less donations,” said Stein, who, along with Strauss, was a member of the CFC-50 Commission. The commission, formed in 2011 to mark CFC’s 50th anniversary, issued a report last year. A number of its recommendations were incorporated into OPM’s proposals.

But Stein said consolidating the local committees into regional ones would go “way beyond the commission’s recommendations.”

The commission said its 24 recommendations were designed to further encourage a “history of giving” by federal employees, who have “set the standard for workplace giving to charitable organizations.”

But the recent decrease in donations “is a cause for concern,” the report said.

Now there is concern that parts of the OPM plan could make the situation worse.

Previous columns by Joe Davidson are available at wapo.st/JoeDavidson.

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