In an unanimous decision, Supreme Court rules President Obama’s recess appointments unconstitutional.
In one of the last remaining cases for the Supreme Court to rule on involved President Obama and his “recess appointments.” According to the Supreme Court unanimous decision, President Obama violated the Constitution by going around the Senate to name key NLRB appointees.
Justice Stephen Breyer gave the majority opinion and ruled that a recess is 10 days not three days. In the opinion, Breyer said “Because the Senate was in session during its pro forma sessions, the president made the recess appointments before us during a break too short to count as recess.”
According to USA Today’s Richard Wolf, this ruling would have implicated previous appointments dating back to George Washington. Ronald Reagan made 232 recess appointments during his presidency, Theodore Roosevelt made more than 160 recess appointments during one short break between congressional sessions and most recently former President George W. Bush made more than 100. This ruling makes it harder for any future to have their nominations approved in Congress should both parties control the House and Senate.
Breyer also noted in his opinion “The recess appointments clause is not designed to overcome serious institutional friction,” Breyer said. “Friction between the branches is an inevitable consequence of our constitutional structure.”
“The recess appointments clause is not designed to overcome serious institutional friction,” – Justice Breyer
This decision by the Supreme Court has empowered the Republican Party; they now believe it is possible to win a case against President Obama. In a press briefing by White House Press Secretary Josh Earnest said, “We’re of course deeply disappointed in today’s decision. … The president, though, remains committed to using every element of his executive authority to make progress on behalf of middle-class families,” “The president is in no way considering scaling back his efforts to make progress for the American people. … We would much prefer to work in bipartisan fashion with Congress to get that done. But if Congress refuses to act, the president will not hesitate to act on his own.”
During the Taliban prisoner swap, he failed to make the 30-day advance congressional notification the law requires which shows tegardless of this decision, Obama will continue to break the law.
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