Obama Recess Appointments Illegal, Supreme Court Finds


*The Supreme Court on Thursday smacked down President Barack Obama’s claim that he can legally avoid Senate confirmation for nominees when the chamber is idle.

The decision invalidates three recess appointments made by Obama to the five-member National Labor Relations Board in January 2012. …

Obama argued pro forma sessions – in which the Senate conducts no business – should be treated as recesses, triggering his power to make appointments that would otherwise require confirmation. He thus made the appointments a day following a pro forma session and two days before another. …

“[T]hough Congress has taken short breaks for almost 200 years, and there have been many thousands of recess appointments in that time, we have not found a single example of a recess ap*pointment made during an intrasession recess that was shorter than 10 days,” Breyer wrote. “Nor has the solicitor general.”*Story at US News & World Report


It seems that -]scripture/-] ahem, I mean the laws, are up to his own private interpretation.:shrug:


The Supreme Court didn’t have the guts to define what a Senate session or recess is. Banging the gavel for 30 seconds before an empty chamber is not session.


They agreed the Senate calls their own recesses, not the President. It isn’t their job to define a recess when the power is already laid out.


It is not credible for the Senate to claim that a single legislator banging a gavel for 30 seconds before an empty chamber constitutes a session. But, they didn’t want to wade into what the definition of a Senate session should be so they chose to allow the Senate to strip the Executive Branch of a power granted to it by the Constitution.


Well, this is interesting. I don’t understand the reasoning behind the ruling but all well.


I think the Supreme Court showed they have a lot of guts! :wink:


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