A federal court ruled Friday that President Barack Obama violated the US constitution when he made “recess” appointments to fill vacancies at the National Labor Relations Board.
The decision focuses on the validity of the appointments of three NLRB board members that were made January 4, 2012, but it could have broader implications for the presidential appointments process.
It also raises questions about the validity of the appointment of Richard Cordray as head of the Consumer Financial Protection Bureau which was done on the same day over intense Republican objections. Cordray’s appointment was not part of the legal case decided Friday.
A new congressional session had begun on January 3, 2012, the day before the appointments, but adhering to tradition the Senators went out of town for the holidays, although they were available to act on the appointments if need be.
Obama had argued that his appointments were appropriate because the Senate was in a holiday recess.
But the US Court of Appeals for the District of Columbia declared that the session had technically remained open because of the pro forma sessions of the Senate, in which a lone member can gavel in and then immediately gavel out.
The White House had consistently claimed such show-sessions were merely aimed at blocking presidential appointments without Senate approval, but the court said the pro forma sessions were valid.
“In short, we hold that ‘the Recess’ is limited to intersession recesses,” the judges said in their opinion.
“Considering the text, history, and structure of the constitution, these appointments were invalid from their inception.”
The case has been seen as a test of the president’s ability to bypass the confirmation process in the Senate, whose members have the constitutionally enshrined power to block nominees.
Several Republicans hailed the court decision, including Speaker of the House John Boehner, who welcomed it as “a victory for accountability in government.”
“Instead of operating under a shroud of controversy, the NLRB should meet the highest standards of transparency, starting with having its members approved by the people’s representatives.”
US court: Obama 'recess' appointments unconstitutional
