Supreme Court casts skeptical eye on Obama's appointment power

[No Elephants]

January 13, 2014 9:33PM ET
Court considers move that would curb Obama's ability to use recess appointments to bypass a gridlocked Congress

The U.S. Supreme Court signaled a willingness on Monday to rein in President Barack Obama's power to temporarily fill senior government posts without the Senate's approval, a move that would curb his ability to bypass a gridlocked Congress.

The court is writing on a blank slate as it considers for the first time the Constitution's recess appointments clause. That clause allows the president to fill vacancies temporarily, but only when the Senate is in recess.

Article II, section 2 of Constitution 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."

The legal battle is the outgrowth of partisan rancor over presidential appointees that has characterized Washington over the past 20 years, and especially since President Barack Obama took office in 2009.

Recess appointments have divided Democrats and Republicans, with views changing depending on which party holds the White House. But during more than 90 minutes of arguments Monday about so-called recess appointments Obama made to the National Labor Relations Board (NLRB) in 2012, the Obama administration was hard pressed to find support for its stand in favor of them from justices named by Republicans and Democrats alike.

http://america.aljazeera.com/articles/2014/1/13/supreme-court-castsskepticaleyeonobamasappointmentpower.html

Of course, this is not about Obama. Bush made lots of recess appointments. It's about the Constitutional power of the Executive--whoever the Executive may be at the time--vis a vis the power of the Senate.

I think Reid had the correct solution--abolish requirements for super majorities when it comes to Senate votes. Reid wanted to do that only for appointees. I think it should be done for everything. And, yes, I understand that it can come back to bite Democrats when they are in the minority in the Senate. Let them make sure they get the votes the keep them in the majority then.

This counLtry is not about the President or Congress or political parties, but about people. That has gotten lost.