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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Tennis: Azarenka beats Li in dramatic Australian final

MELBOURNE: Victoria Azarenka won an incident-packed final against an injury-hit Li Na to successfully defend her Australian Open title and retain the world number one ranking on Saturday.

After a scrappy match marked by boos for Azarenka, a break for Australia Day fireworks and two painful falls for China's Li, the Belarusian top seed dissolved in tears after sealing the 4-6, 6-4, 6-3 win.

Li required two medical timeouts, when she twice twisted her left ankle and also banged her head on the court, in a match also interrupted for nine minutes at a crucial stage by the fireworks.

Azarenka overcame a pro-Li crowd that was clearly unimpressed by her controversial medical timeout in the semi-finals, which she took after blowing five match points.

It was a gutsy effort from the 23-year-old as she came back from a set down and sealed it on her first match point in 2hr 40min to clinch her second Grand Slam title.

Azarenka became only the fourth active player to hold two or more majors, behind Serena Williams with 15, Venus Williams with seven, Maria Sharapova with four and Svetlana Kuznetsova with two.

- 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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NUS names water research facility in honour of Dutchman

SINGAPORE: The National University of Singapore has named its water research facility the van Kleef Centre. This is to honour Dutchman Karel Willem Benjamin van Kleef, who lived in Singapore in the 19th and early 20th century.

He bequeathed his fortune to build the Van Kleef Aquarium, which was demolished in 1996.

The research facility was named in conjunction with a visit by the Queen of Netherlands.

Queen Beatrix was accompanied by members of the royal family, Prince of Orange and Princess Maxima of the Netherlands, as well as foreign affairs and foreign trade ministers.

They visited the Aquatic Science Centre, where researchers showcased research work on urban water management and water sensitive urban design.

Ambassador-at-Large Professor Tommy Koh was one of the guests. Prof Koh said it was important for Singaporeans to remember and honour foreign friends who had been good to Singapore.

He said: "I want them to remember that this is a foreign friend of Singapore who loved our country so much that he bequeathed his fortune to us, and also to remember the aquarium which has disappeared.

"Because for two generations of Singaporeans, it was the only aquarium in Singapore, and we all went there. We loved the aquarium and it made an impact on some people."

-CNA/ac

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875 police personnel awarded on Republic Day; CRPF tops list

NEW DELHI: A total of 875 police and para-military personnel have been decorated by the President for gallantry and outstanding services on Republic Day eve with CRPF topping the list.

Constable Daler Singh (posthumous) from Jammu and Kashmir is the lone recipient of the President's Police Medal for Gallantry (PPMG) this time, a Home Ministry statement said today.

Police Medal for Gallantry (PMG) has been awarded to 115 personnel, President's Police Medal for Distinguished Service to 88 officials and Police Medal for Meritorious Service to 671 personnel.

"37 personnel have been awarded Correctional Service Medals- President's Correctional Service Medals for Distinguished Service to five, Correctional Service Medals for Meritorious Service to 29 and President's Correctional Service Medal for Gallantry to three persons," the statement said.

The CRPF-- country's lead force for conducting anti-Naxal operations, has emerged as the lead organisation with 95 medals under all categories.

The force also got a maximum of 32 gallantry medals, majority of them in anti-Maoist operations domain.

Personnel of Jammu and Kashmir police have been awarded 21 President's medals for gallantry.

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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.

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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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New Orleans Ready for 1st Super Bowl Since Katrina

The people of New Orleans have hosted nine Super Bowls since 1970, but Super Bowl 2013 may be one of the most meaningful yet.

That, of course, is because it's the first Super Bowl in New Orleans since Hurricane Katrina devastated the region in 2005.

When the San Francisco 49ers compete against the Baltimore Ravens on Feb. 3, it may rank with the 2002 game, when New Orleans hosted Super Bowl XXXVI after the attacks of Sept. 11, 2001.

FULL COVERAGE: Super Bowl 2013

"Our home was destroyed by water," said Doug Thornton, 54, senior vice president of SMG, the management company of the Mercedes-Benz Superdome. "Like many in New Orleans, we struggled at times, but have been an active part of the city. For many of us who have gone through this, there is a tremendous sense of pride to showcase our city [for those who] who may have not been here since Katrina."

The Superdome's manager since 1997, Thornton was in the Superdome for five days when Hurricane Katrina made landfall. Back then, it was called the Louisiana Superdome. It later became a shelter for thousands of displaced residents who had lost their homes.

"It's a fixture in the city," Thornton said. "You can't drive anywhere without seeing it. You can't think about going to an event unless you're coming here."

Thornton said the connection between the 37-year-old building and the local residents is even stronger since Katrina.

"We commonly refer to it as the living room of New Orleans," Thornton said.

Super Bowl 2013: Young 49ers Fan's Rap Video Watch Video

German-based car company Mercedes-Benz purchased the naming rights to the stadium in 2011, and Thornton said people embraced the new name immediately, "because we kept the word Superdome in the title."

On game day, Thornton said, he won't be able to enjoy the game. He'll show up to the Superdome around 7:30 a.m., make his rounds around the Superdome, and his day will end well after midnight.

"I've come to learn after doing these events for many years [that] there's no enjoyment," Thornton said. "You learn quickly in this business you can no longer be a fan. We're workers. This is a lifestyle, not a job. You're committed to it. It's 24-7."

The same can be said for the 5,000-or-so workers who will be in the Superdome on game day.

"It's no different than a football player getting ready for the game. You have to be ready mentally and physically," he said.

Read More: Volkswagen Uses Viral YouTube Stars in Super Bowl 2013 Pre-Game Teaser

The city has been preparing for this moment since May 2009, when New Orleans was named host of Super Bowl 47.

Jay Cicero, 50, executive director of the Super Bowl host committee and president and CEO of the Greater New Orleans Sports Foundation, said more than $1 billion in recent infrastructure improvements were not done just for the Super Bowl, but the completion dates were moved up "dramatically" because of the big game.

The city also recently completed a $350 million renovation to the Louis Armstrong International Airport.

On Monday, the city will host a ceremony for the expansion of the historic street car line to one block away from the Superdome.

Cicero said about 100,000 people are expected to travel to New Orleans from out of town for events related to the Super Bowl, which are listed on NewOrleansSuperBowl.com.

The city is also hosting other events that sandwich the Super Bowl because of Mardis Gras 2013.

An early estimate from the University of New Orleans predicted the Super Bowl's economic impact to the region would be valued around $434 million.

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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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