Lake Erie Conservative

thoughtful discussion(s) about issue(s)

… the Battle of the Titans (in Court) …

Posted by paulfromwloh on Sunday,June 30th,2013

High Court to Hear Obama Recess Appointments Case

.. The Supreme Court stepped into an important constitutional dispute Monday between President Barack Obama and congressional Republicans over the chief executive’s power to make recess appointments .

.. The justices said they will review a federal appeals court ruling [Noel Canning  v N.L.R.B.] that found Obama violated the Constitution when he bypassed the Senate last year to appoint three members of the National Labor Relations Board . It is the latest chapter in the partisan political wrangling between GOP lawmakers and Obama over appointments to the labor board and the Consumer Financial Protection Bureau. Republicans want to rein in both agencies ‘ powers.

.. The Constitution does give the president the power to make temporary appointments to fill positions that otherwise require confirmation by the Senate , but only when the Senate is in recess . At issue for the Supreme Court: What constitutes a congressional recess , and does it matter when a vacancy occurs ? The nature of POTUS ‘ current actions, during brief Senate breaks that Congress explicitly said were not formal recesses, is driving the current legal controversy.

.. The case stems from Obama’s decision to fill the three NLRB vacancies on Jan. 4,2012 , with Congress on an extended holiday break. At the same time, however, the Senate held brief sessions every few days as part of the Republicans’ explicit strategy . The Senate was forced to do so by the House , by not giving its consent to not meeting for more than three  days .  This  gap in metting is  the commonly accepted definition of a ” recess . ” By doing so  ,both chambers would act to not allow Obama  from filling vacancies through recess appointments.

.. He also used a recess appointment to install Richard Cordray as head of the financial protection agency, which the GOP had blocked for a year and a half.

.. Two of the three judges also said that only positions that come open during a congressional recess can be filled through a recess appointment. The court did not address the issue of how short a break can count as a recess . If it stands, the ruling could invalidate hundreds of board decisions, and call into question the legitimacy of regulations issued by the Consumer Financial Protection Bureau, many of which affect the mortgage industry. The NLRB also would effectively be shut down, because a ruling against the administration would leave the board with only one member, and it needs three to conduct business.


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