Supreme Court Rules Obama’s Recess Appointments Violated the Constitution

Photo Credit: Daily Signal By Elizabeth Slattery.

Today, in a blow to the Obama administration, the U.S. Supreme Court ruled 9-0 that President Obama’s “recess appointments” to the National Labor Relations Board violated the Constitution in NLRB v. Noel Canning.

Art. II, section 2, clause 3 of the Constitution allows the president to “fill up all Vacancies that may happen during the Recess of the Senate.” On Jan. 4, 2012, President Obama made several recess appointments even though the Senate had been convening “pro forma” sessions every three days. These appointments were challenged in a labor dispute before the NLRB, and the U.S. Court of Appeals for the D.C. Circuit struck them down as unconstitutional.

Today, the Court, in an opinion by Justice Stephen Breyer, held the president may make recess appointments to existing vacancies during intrasession (breaks during a session of Congress) and intersession (breaks between sessions of Congress) recesses of a “sufficient length.” The Court determined the vacancy need not occur during the recess, which upholds the broad practice dating back to the presidency of James Madison.

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Photo Credit: REUTERS / JONATHAN ERNSTSupreme Court Unanimously Rejects Obama Recess Appointments

By Ed Morrissey.

The Supreme Court dropped a huge bomb on the Obama administration, unanimously rebuking the President for arrogating to himself the determination of when Congress is in session for the purpose of making recess appointments. According to reports on the opinion, the court may have taken a middle path on what a recess actually is, toning down one appellate court ruling that only allowed for recess appointments between formal sessions:

The US Supreme Court today limited a president’s power to make recess appointments when the White House and the Senate are controlled by opposite parties, scaling back a presidential authority as old as the republic.

The case arose from a political dispute between President Obama and Senate Republicans, who claimed he had no authority to put three people on the National Labor Relations Board in January 2012 when the Senate was out of town.

He used a president’s power, granted by the Constitution, to “fill up all vacancies that may happen during the recess of the Senate.” But the Republicans said the Senate was not in recess at the time the appointments were made, because every three days a senator went into the chamber, gaveled it to order, and then immediately called a recess.

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