DOJ Legal Opinion Backs Obama’s Recess Appointment Power During ‘Pro Forma’ Sessions - News - ABA Journal
The president has the authority to make recess appointments during “pro forma” Senate sessions, according to a Justice Department legal opinion released today.
The opinion is dated Jan. 6, two days after President Obama made four controversial recess appointments—that of Richard Cordray to head the new Consumer Financial Protection Agency and three appointees to the National Labor Relations Board. Critics had claimed the appointments were unconstitutional because Senate Republicans had held short sessions over the holidays, establishing that Congress was not in recess.
Text of the opinion (requires Acrobat Reader)