Obama appointments could trigger court test case

[ellisonz]

The president's use of his power to fill vacancies during a congressional recess sets the stage for a constitutional battle.

By David G. Savage, Washington Bureau
January 5, 2012, 8:23 p.m.
Reporting from Washington—

President Obama's decision to defy Senate Republicans and appoint four top agency officials on his own authority sets the stage for a contentious constitutional battle over the powers of the presidency and the role of Congress.

---------

he Supreme Court has never ruled on the president's power to go around the Senate and make recess appointments, but legal experts say Obama's bold use of the power is likely to trigger a test case.

Some legal experts said the constitutional dispute was complicated because both sides could be accused of violating the Constitution. Whereas Obama is accused of overstepping his power to make recess appointments, Senate Republicans have refused to fulfill their obligation for "advice and consent" by blocking votes on many of Obama's nominees.

"There is a sort of clean-hands argument here. Those who have so abused the confirmation power are in a poor position to argue that the president has abused the recess appointment power," said University of Virginia law professor Douglas Laycock.

http://www.latimes.com/news/nationworld/nation/la-na-obama-powers-20120106,0,2365160.story

GOBAMA! - Bet you haven't seen that one in awhile...

[dkf]

1. The question is if this is a precedent we would appreciate when a Republican wins the Presidency.

It goes both ways.

[ellisonz]

2. If a proforma session can be used at convenience...

...what would the purpose of the recess appointment clause be. It will be interesting and it's worth fighting over.

[savalez]

4. What's the answer?

Are pro forma sessions with the sole purpose of blocking recess appointments okay? I suppose it was a good idea at one time. Are they okay as a tool to prevent laws that have passed from going into effect? I don't think they should be. Are they okay to obstruct every single appointment a President has made in an effort to gridlock the government? Certainly not. It's McConnell own overuse of this rule that has made this challenge necessary. Hopefully, in the end, there will be no more pro forma sessions, congress will need to stay in session and actually work. This way, blocking recess appointments will still be possible but will only happen with good reason.

[Cha]

6. We know it goes both ways..

because Republicons have already done it. Now President Obama is doing it. Good on him.

[boston bean]

5. Obama did a good job with this.

hopefully he is really going to take off the gloves and fight these bastids. it will be good for all of us!

[treestar]

7. Good. I hope this is cleared up.

Congress should not be allowed to get away with the pro forma sessions. That is putting form over substance. They ought to have to stay in DC if they want to avoid recess appointments. Let them spend Christmas there then, if they want to block an appointment.

They already have their filibuster now used every single time. It is allowing Republicans to get their way by procedural trick.