The Supreme Court on Thursday ruled that though the president does have the authority to make temporary recess appointments, Congress can stymie that power by declining to go on break.
In a unanimous decision, the court said the president had overstepped his authority in 2012 by appointing new members to the National Labor Relations Board while Congress was in a pro forma recess — essentially a ceremonial session. Republicans held a such a session over the legislature's winter break specifically to block recess appointments, though Obama tried to squeeze in his picks anyway, arguing that a pro forma session was more or less a recess.
Here's the relevant bit from the high court's opinion:
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
In our view, however, the pro forma sessions count as sessions, not as periods of recess. We hold that, for purposes of the Recess Appointments Clause, the Senate is in session when it says it is, provided that, under its own rules, it retains the capacity to transact Senate business. The Senate met that standard here. [Supreme Court]
Continue reading for free
We hope you're enjoying The Week's refreshingly open-minded journalism.
Subscribed to The Week? Register your account with the same email as your subscription.
-
Former Philadelphia police officer charged with murder for Eddie Irizarry shootingSpeed Read
-
How Proud Boys leader Enrique Tarrio's 22-year sentence compares to other Jan. 6 punishments
Speed Read
-
Kansas police raid small-town local newspaper, setting off a press freedoms clash
Speed Read
-
Ohio voters defeat GOP measure to raise referendum threshold
Speed Read
-
Ohio is voting on whether to raise the bar on referendums — and a popular abortion amendment
Speed Read
-
Oregon lifts ban on drivers pumping their own gas
Speed Read
-
Former Manson follower Leslie Van Houten out of prison after 50 years
Speed Read
-
Florida construction and agricultural workforces diminished after new immigration law takes effect
Speed Read
