Photo Credit: BreitbartPresident Obama exceeded his constitutional authority by making appointments when the Senate was on a break last year, a federal appeals court ruled Friday. The court’s broad ruling would sharply limit the power that presidents throughout history have used to make recess appointments in the face of Senate opposition and inaction.
A unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit flatly rejected the Obama administration’s rationale for appointing three members of the National Labor Relations Board (NLRB) while the Senate was on a holiday break.
Chief Judge David B. Sentelle sharply criticized the administration’s interpretation of when recess appointments may be made, saying it would give the president “free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction.” He added, “This cannot be the law.”
The Post notes that, due to a number of other similar lawsuits winding their way through the courts, this case is likely to end up in the U.S. Supreme Court. But for now, the court has ruled that the appointments are illicit. You can review the full decision here.
The ruling is an extraordinary slap down of President Obama’s power grab. Next time you hear a liberal tell you that President Obama is a moderate or “pragmatic,” recall the appellate panel’s analysis of Obama’s legal justification for appointing these czars without the advice and consent of the U.S. Senate – Obama’s legal arguments “would demolish the checks and balances inherent in the advice-and-consent requirement.”
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