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:
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]
-
The Trump administration says it deports dangerous criminals. ICE data tells a different story.IN THE SPOTLIGHT Arrest data points to an inconvenient truth for the White House’s primary justification for its ongoing deportation agenda
-
Ex-FBI agents sue Patel over protest firingspeed read The former FBI agents were fired for kneeling during a 2020 racial justice protest for ‘apolitical tactical reasons’
-
The real tragedy that inspired ‘Hamlet,’ the life of a pingpong prodigy and the third ‘Avatar’ adventure in December moviesThe Week Recommends This month’s new releases include ‘Hamnet,’ ‘Marty Supreme’ and ‘Avatar: Fire and Ash’
-
ABC News to pay $15M in Trump defamation suitSpeed Read The lawsuit stemmed from George Stephanopoulos' on-air assertion that Trump was found liable for raping writer E. Jean Carroll
-
Judge blocks Louisiana 10 Commandments lawSpeed Read U.S. District Judge John deGravelles ruled that a law ordering schools to display the Ten Commandments in classrooms was unconstitutional
-
ATF finalizes rule to close 'gun show loophole'Speed Read Biden moves to expand background checks for gun buyers
-
Hong Kong passes tough new security lawSpeed Read It will allow the government to further suppress all forms of dissent
-
France enshrines abortion rights in constitutionspeed read It became the first country to make abortion a constitutional right
-
Texas executes man despite contested evidenceSpeed Read Texas rejected calls for a rehearing of Ivan Cantu's case amid recanted testimony and allegations of suppressed exculpatory evidence
-
Supreme Court wary of state social media regulationsSpeed Read A majority of justices appeared skeptical that Texas and Florida were lawfully protecting the free speech rights of users
-
Greece legalizes same-sex marriageSpeed Read Greece becomes the first Orthodox Christian country to enshrine marriage equality in law
