January 26th, 2013

Ruling on Obama’s recess appointments

This is about as complicated and legalistic as it gets. But it’s a rather startling decision.

The Senate has increased its use of the filibuster (which ordinarily is not technically a filibuster any more; see this) in order to block appointments. And so presidents have increasingly made recess appointments in order to work around that, and it’s reached even greater proportions with Obama. This ruling would make it harder to do so.

But whether it will ultimately be upheld is anybody’s guess. For an interesting back-and-forth discussion, please read the comments at the linked post, too.

9 Responses to “Ruling on Obama’s recess appointments”

  1. I R A Darth Aggie Says:

    It’ll be upheld for the simple reason of separation of powers. The President can not simply “deem” the Senate is in recess when they deem themselves to be in session.

    We don’t yet have an official Imperial Presidency, but that’s what the current occupant wants. What’s next, he’ll “deem” that the US Supreme Court has 13 members?

  2. Philip Ngai Says:

    Someone should ask Obama what he thinks “consent of the Senate” means.

  3. ErisGuy Says:

    Even if the Supreme Court upheld or reinforced the ruling, the only possible punishment for Obama would be to impeach and convict. Which won’t happen or something as trivial as fealty to the Constitution.

  4. Don Carlos Says:

    Amen to the foregoing.
    The Imperial Presidency has been a long time a-growing. Imagine a POTUS who says, “I can’t do that” to a Plouffe or a Jarret or a Reid or a Courtney Stark. Which is why we are in impossibly deep doo-doo.

  5. neo-neocon Says:

    ErisGuy: yes, I was originally going to call this post “but how many divisions does the Court have?”

  6. John Dough Says:

    So What, Obama will simply ignore this ruling of the court and the media sycophants will just let it pass on by. Our Imperial President cannot be restrained in his drive to remake this country into a European lookalike.

  7. holmes Says:

    I’m surprised the “political question doctrine” wasn’t invoked. It still could at SCOTUS, I suppose.

  8. Don Carlos Says:

    When we begin to think, “How many divisions does the Court have?”, the edge of the abyss is awefully close, beginning to crumble under our feet. Neo is perhaps lighter-hearted than I about such matters, but she will be well-advised to get an “assault” weapon when again available. They hsve flown off the shelves and there are none to be had anywhere.

    The phony recess appointment issue is neither complicated nor legalistic, IMHO. It is stone cold clear.

  9. neo-neocon Says:

    Don Carlos: joking is not always light-hearted.

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Previously a lifelong Democrat, born in New York and living in New England, surrounded by liberals on all sides, I've found myself slowly but surely leaving the fold and becoming that dread thing: a neocon.

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