News From Terre Haute, Indiana

Latest News

June 26, 2014

High court rebukes Obama on recess appointments

WASHINGTON — The Supreme Court on Thursday limited the president’s power to fill high-level vacancies with temporary appointments, ruling in favor of Senate Republicans in their partisan clash with President Barack Obama.

The high court’s first-ever case involving the Constitution’s recess appointments clause ended in a unanimous decision holding that Obama’s appointments to the National Labor Relations Board in 2012 without Senate confirmation were illegal. Obama invoked the Constitution’s provision giving the president the power to make temporary appointments when the Senate is in recess.

Problem is, the court said, the Senate was not actually in a formal recess when Obama acted.

Obama had argued that the Senate was on an extended holiday break and that the brief sessions it held every three days were a sham that was intended to prevent him from filling seats on the NLRB.

The justices rejected that argument Wednesday.

Justice Stephen Breyer said in his majority opinion that a congressional break has to last at least 10 days to be considered a recess under the Constitution.

The issue of recess appointments receded in importance after the Senate’s Democratic majority changed the rules to make it harder for Republicans to block confirmation of most Obama appointees.

But the ruling’s impact may be keenly felt by the White House next year if Republicans capture control of the Senate in the November election. The potential importance of the ruling lies in the Senate’s ability to block the confirmation of judges and the leaders of independent agencies like the NLRB. A federal law gives the president the power to appoint acting heads of Cabinet-level departments to keep the government running.

Still, the outcome was the least significant loss possible for the administration. The justices, by a 5-4 vote, rejected a sweeping lower court ruling against the administration that would have made it virtually impossible for any future president to make recess appointments.

The lower court held that the only recess recognized by the Constitution is the once-a-year break between sessions of Congress. It also said that only vacancies that arise in that recess could be filled. So the high court has left open the possibility that a president, with a compliant Congress, could make recess appointments in the future.

A recess appointment can last no more than two years. Recess appointees who subsequently won Senate confirmation include Chief Justice Earl Warren and Justice William Brennan, Federal Reserve Chairman Alan Greenspan, two current NLRB members and Consumer Financial Protection Bureau director Richard Cordray. Former UN Ambassador John Bolton is among recess appointees who left office because they could not win a Senate vote.

 

1
Text Only | Photo Reprints
Latest News
Latest News
TribStar.com Poll
AP Video
Girl Struck by Plane on Florida Beach Dies Raw: 2 Shells Hit Fuel Tank at Gaza Power Plant US Ready to Slap New Sanctions on Russia Rodents Rampant in Gardens Around Louvre Raw: Massive Explosions From Airstrikes in Gaza Kerry: Not Worried About Israeli Criticism Boater Rescued From Edge of Kentucky Dam Looming Demand Could Undercut Flight Safety Raw: NH Man Held on $1M in Teen's Kidnapping House to Vote on Slimmed-down Bill for Border Raw: Earthquake Rocks Mexico's Gulf Coast Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short Two Women Narrowly Avoid Being Hit by Train Crayola Announces Family Attraction in Orlando Kerry: Humanitarian Cease-fire Efforts Continue Jury Awards Ventura $1.8M in Defamation Case Gaza Official: at Least 100 Killed Tuesday Raw: Aftermath, Artillery Shells Hit Donetsk LeBron James Sends Apology Treat to Neighbors
NDN Video
Weird 'Wakudoki' Dance Launches Promotional Competition Two women barely avoid being hit by train Chris Pratt Adorably Surprises Kids at a 'Guardians of the Galaxy' Screening Chapter Two: Designing for Naomi Watts NOW TRENDING: Peyton Manning dancing at practice "The Bachelorette" Makes Her Decision Thieves pick the wrong gas station to rob Golden Sisters on '50 Shades' trailer: 'Look At That Chest!' Staten Island Man's Emotional Dunk Over NYPD Car - @TheBuzzeronFOX GMA: Dog passes out from excitment to see owner Baseball Hall of Famers Inducted 'Hunger Games: Mockingjay Part 1' Sneak Peek Florida Keys Webcam Captures Turtles Hatching Morgan Freeman Sucks Down Helium on 'Tonight Show' Robin Wright Can Dance! (WATCH) She's Back! See Paris Hilton's New Carl's Jr. Ad Big Weekend For Atlanta Braves In Cooperstown - @TheBuzzeronFox Chapter Two: Becoming a first-time director What's Got Jack Black Freaking Out at Comic-Con? Doctors Remove 232 Teeth From Teen's Mouth
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
  • -

     

    March 12, 2010

activity