Supreme Court rules against Obama on recess appointments

Written By kolimtiga on Kamis, 26 Juni 2014 | 22.25

The Supreme Court has ruled President Obama exceeded his power under the Constitution by filling federal positions when the Senate was on a brief break.

But the narrow ruling also preserved the president's power to make recess appointments in general.

While the president is authorized to fill "vacancies" while the Senate is on "recess," the justices decided in a 9-0 ruling that the Senate was not on a true recess in January 2012 when Obama filled three seats on the National Labor Relations Board.

The Senate subsequently confirmed appointments to the three posts, so the decision will not displace any officials.

The decision is a rebuke to the president, but its short-term impact on Obama could be muted. Earlier this year, the Democratic-controlled Senate scrapped a long-standing filibuster rule that had allowed the current Republican minority to block a vote on many of his nominees.

That blocking tactic prompted Obama to turn to recess appointments as a way to fill vacant posts.

But if Republicans succeed in taking back control of the Senate this fall, the court's ruling could carry more weight next year.

The ruling will bind future presidents as well, limiting the chief executive's authority to go around the Senate.

In the early years of the nation, Presidents used "recess" appointments because members of Congress left the capital for several months at a time.

In their absence, the chief executive could make temporary appointments to the government. In more recent times, Presidents from Ronald Reagan to Barack Obama have used temporary appointment power to bypass a Senate that was slow to confirm his nominees.

For more news on the Supreme Court, follow me on Twitter @DavidGSavage

Copyright © 2014, Los Angeles Times

8 a.m.: This post was updated to clarify the status of the labor board appointees.


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