Thursday, June 26, 2014

Supreme Court Limits Presidential Power in Recess Appointments

A big decision getting a lot of attention among conservatives, at LAT, "Supreme Court rules against Obama on recess appointments":
The Supreme Court ruled Thursday that President Obama exceeded his power under the Constitution by filling three federal positions when the Senate was on a brief break, but justices upheld the right of the president to make recess appointments during longer breaks.

While the president is authorized to fill vacancies while the Senate is on recess, the justices decided in a 9-0 ruling that the Senate was not on a true recess in January 2012 when Obama filled three seats on the National Labor Relations Board.

The decision is a rebuke to the president, but its short-term impact on Obama could be muted because last year the Democratic-controlled Senate scrapped a long-standing filibuster rule that had allowed the current Republican minority to block a vote on many of his nominees.

Before that change was made, Republicans effectively blocked many of Obama appointments, prompting the president to turn to recess appointments as a way to fill vacant posts.

The limited scope of the court’s ruling was criticized by Justice Antonin Scalia, who agreed with the majority but said the court should have gone much further.

Justice Anthony Kennedy and the court’s most liberal members also signed onto the opinion, written by Justice Stephen Breyer.

“A Senate recess that is so short that it does not require the consent of the House is not long enough to trigger the President’s recess appointment power,” Breyer wrote.

But the court was split 5-4 on the broader question of whether the modern presidency should retain the right to make recess appointments...
More.

Also, from John Fund, at National Review, "Supreme Court Rules Unanimously Against Obama for 12th and 13th Time Since 2012."

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