Posted on 02/13/2016 3:45:11 PM PST by quesney
The Supreme Court ruled unanimously Thursday that President Obama exceeded his constitutional authority in making high-level government appointments in 2012 when he declared the Senate to be in recess and unable to act on the nominations.
Obama made appointments to the National Labor Relations Board (NLRB) at a time when the Senate was holding pro forma sessions every three days precisely to thwart the president's ability to exercise the power.
"The Senate is in session when it says it is," Justice Stephen G. Breyer wrote for the court, stressing that if the Senate is able to conduct business, that is enough to keep the president from making recess appointments.
But the court stepped back from handing Obama - and those who will follow him in the Oval Office - a more substantial loss. A bare majority of the justices upheld, in theory at least, the president's ability to make recess appointments when the Senate is indeed on extended break, saying history weighs in favor of a broad power.
The decision comes at a time when Republican opposition to the president's policies and Obama's vow to bypass a gridlocked Congress by using his executive powers have consumed Washington.
Read the decision...
Correct. The recess appointment EXPIRES at years end, when the congress ends.
Earl Warren was recess-appointed to the Supreme Court by Eisenhower (later confirmed by the Senate). So yes, it can be done. The Senate has to actually be in recess, though, and the appointment is only good for a year or so.
Why would he need to do that?
The GOP confirmed Lynch...they will confirm his SCOTUS pick.
Or Hillary
Yeah... never trust a RINO. Especially a McTurtle.
William J. Brennan, Earl Warren, and Potter Stewart were all recess appointed by Eisenhower (and later confirmed by the Senate for life terms).
obama was already slapped down by the court on recess appointments — and in so doing, ruined it for all future presidents.
The Senate - not Obama - decides when it is in recess, and thus when he could make such an appointment.....
“Earl Warren was recess-appointed to the Supreme Court by Eisenhower. So yes, it can be done.”
That’s terrible.
“The Senate has to actually be in recess, though, and the appointment is only good for a year or so.”
Yeah, but what kind of damage could he/she do in the meantime?
I don’t think anyone has ever made a recess appointment to the Supreme Court. Has anyone ever made one to a lesser court?
President Washington appointed John Rutledge as CJ. He was subsequently rejected by the Senate. President Eisenhower had teo. Justice Brennan who was later confirmed and CJ Warren who was likewise confirmed. So yes. Obama can and will do it.
William Brennan was a recess appointment to the court by Ike.
Technically, yes, but Congress passed a resolution, sense of Congress, in 1960 counseling against it. Such has happened (recess appoint a SCOTUS justice) in history.
Congress can block it if they have the cojones to do it.
= = =
Tricky. I see you used ‘Congress’ and ‘cojones’ in the same sentence.
Interesting!
Limitation is roughly, untill the next Congress - 2 years max, 9 months now.
He could appoint himself to SCOTUS and install Smokin’ Joe as POTUS.
Apparently Obama already has a nominee “on deck”. He is an Indian-Asian, (and muslim I’ll bet) His name is Sri Srinavasan.
The GOP should already be doing oppo research on him.
Yes he could. Senate should not go on recess. If the Senate screws up, it will only last until the end of Obama’s term.
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