During oral arguments on Monday, Supreme Court Justice Antonin Scalia tore into President Obama’s decision to appoint officials to government agencies during a pro-forma Senate session that was not in recess.
Scalia told US Solicitor General Donald Verrilli that the Constitutional clause on recess appointments, which states, “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session,” has only been read to be vague or broad by “self-interested presidents.”
Scalia said that official recesses were required for recess appointments. “Let’s assume I think the text is clearly against you,” Scalia stated, explaining that Obama would have to “ignore the Constitution” in order to simply order recess appointments during a non-recess.
Ben Shapiro is Editor-At-Large of Breitbart News and author of the New York Times bestseller “Bullies: How the Left’s Culture of Fear and Intimidation Silences America” (Threshold Editions, January 8, 2013). He is also Editor-in-Chief of TruthRevolt.org. Follow Ben Shapiro on Twitter @benshapiro.