Still wrestling with the weightiest decisions of its current session, the Supreme Court is likely to accept Monday what could be the most important case of its next one: a colossal power struggle between the White House and Congress over government appointments.
President Obama and Senate Republicans set the stage for the showdown during the past 2½ years as they fought over Obama’s proposed nominations to a little-known federal agency, the National Labor Relations Board. That battle is a microcosm of the broader war over the nomination and confirmation process — one that dates back over several presidencies.
The story line is simple: Obama’s nominees were blocked by Republicans, just as many of President George W. Bush’s choices were blocked by Democrats. So in January 2012 — with the Senate meeting every three days in pro-forma sessions but not conducting any business — Obama used the Constitution’s “recess appointments” clause to install them without Senate approval.
By using recess appointments President Obama got around the Senate and appointed three people to the National Labor Relations Board. The U.S. Court of Appeals for the D.C. Circuit says that the President violated the Constitution when he did that. From the article: “…GOP lawmakers gaveled in for a few minutes every three days just to prevent Obama from making recess appointments. The White House argued that the pro forma sessions — some lasting less than a minute — were a sham.” Read the article: news.yahoo.com
Obstructionist GOP trying to block appointments indefinitely. It’s definitely past time for filibuster and other senate reforms.
Republicans and business groups told a federal appeals court Wednesday that President Barack Obama violated the Constitution earlier this year when he bypassed the Senate to fill vacancies in his administration.
Attorneys for the groups told a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit that Obama abused his power in January when he made recess appointments to the National Labor Relations Board.
“I would suggest there is a huge cloud hanging over the National Labor Relations Board right now,” said Noel Francisco, attorney for the U.S. Chamber of Commerce and other groups challenging the action.
The case is an important test of presidential power and could determine whether the Senate can indefinitely block presidential appointments by refusing to adjourn. Senate Minority Leader Mitch McConnell of Kentucky came to watch the hearing in a packed courtroom. McConnell and 46 other Senate Republicans filed a friend-of-the-court brief arguing the appointments are invalid.
At issue: When is the Senate in session, when is it in recess and who gets to decide? Certain high-profile appointments must be confirmed by the Senate, but if lawmakers are away for the holidays or other breaks, the president can act on his own with a recess appointment.