Supreme Court Reviews Recess Appointments

This week, the Supreme Court is taking up a case that will determine whether or not recent Presidential appointments were constitutional. The Constitution gives the President power to make appointments during times when the Senate is out of session—or in recess, as we say. But when President Obama made these “recess appointments” in 2012, the Senate was not in recess. The Senate was still holding periodic sessions, but the President decided that he had the authority to make recess appointments and moved ahead with controversial nominees to the National Labor Relations Board.

I don’t think I have to tell you that the President’s unilateral action was problematic. He side-stepped Senate approval to appoint high-level executives to positions that have a broad ability to influence our economy—positions that should be subject to the highest standards of transparency and accountability. What’s worse, he violated our system of checks and balances to do so.

I’ll be following this case closely, and I’ll keep you updated on the Court’s decisions. The President is not above the law, and I’m hopeful the Supreme Court will hold him accountable to the American people.


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