While the Senate was in pro forma session, the president filled the vacancies with While the Senate was in pro forma session, the president filled the vacancies with two union lawyers and a Republican, giving Democrats a 3-2 majority on the board without the consent of the Senate. The unanimous decision preserves the right of presidents to make recess appointments, but the court said Thursday that Obama exceeded his authority when he made the appointments. At question was whether Congress was in technically in session or not. Congress said it was; Obama said it wasn’t. SCOTUS agreed with Congress. The justices said in their first-ever consideration of the Constitution’s recess appointments clause that Congress gets to decide when it is in recess and that there was no recess when Obama acted. The president said he made the appointments in the face of Republican refusal to allow the NLRB to function.
Posted on: Thu, 26 Jun 2014 17:43:11 +0000
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