According to Rush Limbaugh, yet another tactic has been deployed by the Obama administration in its effort to "fundamentally remake" America.

“…the US Court of Appeals for the DC circuit. ...said that Obama did not have the power to make recess appointments earlier this year to the NLRB. … President Obama violated the Constitution when he bypassed the Senate to fill vacancies…”

These "recess appointments" for the National Labor Relations Board is the process in which that Rush harkens back to a question of "what difference does it make?":

"There was barely any outrage over that.” ‘…it was, "Well, so what? Obama was elected, he should be able to put whoever he wants on these boards. We love the government. ...The government's taking care of us. The National Labor Relations Board is making sure the people who have jobs have good relations. What's the point? What does it matter who Obama -- shouldn't he have his people in there?" ...What difference does it make? What difference does it make because, hell, Obama won, and who says he can't do what he wants to do? That's what his supporters are all saying.”


What precipitated revisiting the "what difference does it make" question is that the president acted "because the senate was in recess.” According to the record, that was clearly not the case. So, Rush puts the proper perspective on the real story:

“The court says that the Senate technically stayed in session when lawmakers gaveled in and out every few days for so-called pro forma session. I remember this quite well. I forget the specific reason, but there was a reason why they didn't, the Senate -- Harry Reid was playing games. I think there was a way for the president to do what he did. Reid was playing games, shutting the place down for a couple hours or a couple of days and Obama would make his appointments.”

But, being called down by the the Court of Appeals seems to have put the ploy in a tail spin and what’s coming, in the eyes of the All Seeing, All Knowing Ma Ha Rushee is:

“This is not gonna sit well in the White House. So they'll take it up to the Supreme Court and we'll see what happens from that point on. I think what they'll say is, "What difference does it make? What difference does it make if the president wants to make appointments? What difference does it make whether it's constitutional or not?”

Yet, regardless of how the present administration seeks to circumvent the constitutional separation of powers, Rush notes the game afoot by Senator Harry Reid and others is under review by the eternal vigilance of those willing to stand up for the constitution,

“…there are still serious people who are continuing to work very hard to stop these abuses of power. Congratulations to the Landmark Legal Foundation.”