Other Constitutional Cases
CLDEF has worked on a number of other important constitutional and statutory issues, such as misuse of the treaty power and other illegal actions of the Obama Administration.
Below are some of the Other Constitutional Cases in which CLDEF has been involved.
On December 10, 2010 an amicus brief was filed on behalf of CLDEF in the case of Carol Ann Bond v. United States in the United States Supreme Court in support of petitioner Bond. This case presents an unusual situation where the government has reconsidered its previous position and embraced the position of the criminal defendant petitioner Bond in seeking to overturn the decision of the court of appeals.
Mr. Rudy is a patent lawyer who was challenging the patent application fee increases based on the ineligibility of Barack Obama to enact laws as President of the United States. The courts below ruled that whether Obama qualified to be President of the United States was a political question that cannot be entertained by the judicial system, having been given by the Constitution to Congress to determine.
This case involved a challenge to Section 1021 of the National Defense Authorization Act of 2012 (“NDAA”), which authorized military detention of civilians based on vague standards of providing “support” for an adversary of the United States, similar to the Japanese-American internment camps during World War II. Journalist Christopher Hedges and a group of journalists and lawyers brought this challenge to the NDAA.
Barack Obama made several recess appointments between Senate pro forma sessions, purporting to following Article II, Section 2, Clause 3, the Recess Appointments Clause. A challenge was brought against an action by the National Labor Relations Board (“NLRB”) against an employer who alleged that the NLRB action was invalid due to a lack of quorum because a majority of the Board members had received recess appointments. The U.S. Court of Appeals for the District of Columbia Circuit agreed with the employer, and the NLRB sought review by the U.S. Supreme Court.