Justices to rule on Obama recess appointments
June 24th, 2013
09:35 AM ET
10 months ago

Justices to rule on Obama recess appointments

Washington (CNN) - President Barack Obama's recess appointments to a federal agency - made without Senate confirmation - will be reviewed by the Supreme Court, a major constitutional test of executive power.

At issue is whether three people named to the National Labor Relations Board lacked authority, because the presidential appointments were made while the Senate was technically in a "pro forma" session during the 2011-12 winter holiday break.

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Filed under: President Obama • Supreme Court
soundoff (27 Responses)
  1. Wake up People!

    Oh boy I can't wait to read THESE comments.

    He is trampling on our Constitution!
    He's a dictator, socialist, commie!

    Please, give me my laughs for the morning!!

    June 24, 2013 09:44 am at 9:44 am |
  2. Rick McDaniel

    This will show us ClEARLY, whether this court is totally corrupt..........as the President's action was clearly an illegal action.

    June 24, 2013 09:56 am at 9:56 am |
  3. Rudy NYC

    Gee, people have never questioned recess appointments before. Why question it now? Especially when there is such an obvious effort to *block* most every appointment that he makes.

    June 24, 2013 10:01 am at 10:01 am |
  4. Wake up People!

    Monday morning red meat!! Eat it up wolves!!! Mmmmmmmmmmm!!!

    June 24, 2013 10:01 am at 10:01 am |
  5. rs

    Perhaps the Court also needs to make a statement regarding such appointments in the face of record-setting Senate Republican filibusters which have blocked appointments to many agency head positions, diplomatic missions and judgeships.

    June 24, 2013 10:13 am at 10:13 am |
  6. S.B. Stein E.B. NJ

    There needs to be a new standard. Is the Senate actually doing any business? If there is just a role call with only one Senator there, that is should not be considered a time when the Senate is in Session assuming that there are no hearings being held.

    June 24, 2013 10:18 am at 10:18 am |
  7. Rudy NYC

    Rick McDaniel

    This will show us ClEARLY, whether this court is totally corrupt..........as the President's action was clearly an illegal action.
    ----------------–
    What's illegal about it? What if we are at war and Sec'y of Defense gets killed during a month long recess for the Congress? Are we supposed to put the war in a stasis chamber and wait 3-4 weeks for them to get back?

    June 24, 2013 10:23 am at 10:23 am |
  8. A Kickin` Donkey

    Does this case pertain to all recess appointments or only those for the NLRB. CNN, your blirb should be clearer. Afterall I`d like to know if this is yet another example of the majority Republican suddenly getting "religion" about limiting Presidential authority only when Barack Obama became the Chief Executive.

    June 24, 2013 10:25 am at 10:25 am |
  9. rs

    This will show us ClEARLY, whether this court is totally corrupt..........as the President's action was clearly an illegal action.
    ______________________
    And essentially so is the GOP's anti-American, pro-chaos filibuster everything action in Congress.

    June 24, 2013 10:31 am at 10:31 am |
  10. Data Driven

    Can anyone explain to me why CNN posts stories on Supreme Court rulings before the decision and details are released? I don't see the point.

    June 24, 2013 10:34 am at 10:34 am |
  11. Name Uche Agonsi

    CNN should have enlightened us on any precedent. Its necessary too to ask what the exact problem should be, whether the POTUS has no powers to make the appointment or he should have appointed them when law makers are in session, or was it just a confirmation problem. Where are the Presidential Aids, like Holder & co. On the other hand are the law makers becoming very deliberate to create problems for Obama.

    June 24, 2013 10:45 am at 10:45 am |
  12. Name jk. Sfl. GOP conservatives,the garbage of America.

    If you want to get anything done, we need to get rid of the GOP idiots in the house in 2014 midterms, get out and vote and make sure your registered. GOP garbage of America has to go ASAP!!!!!

    June 24, 2013 10:48 am at 10:48 am |
  13. Dominican mama 4 Obama

    @ Data Driven
    Me either babe.
    It's like a bad cliffhanger ploy isn't it?
    If you have nothing to say CNN you should wait until you do.

    June 24, 2013 11:02 am at 11:02 am |
  14. Dominican mama 4 Obama

    Meanwhiile... Rep King is asking the President to weigh in...
    We have a pretty good idea on where the President is on Snowden, Rep King, but the President has to be measured in his words and actions as he unlike any of us, you, and the rest of yapping side-kicks is the face and mouth of this country.
    "Skippy" Snowden, traitor at-large, is skipping from China to Russia, to Cuba, to Ecuador (is Ecuador the new Venezuela I wonder?).... How is he affording this? Who is funding his "defection"? Defecting doesn't come cheap. You've got living, travel and food expenses and NO JOB. So who's footing this bill? Who's behind this dork and all the trouble he's caused for ABSOLUTELY NO REASON as NO LAWS WERE BEING BROKEN?
    And now that the s hit has hit the fan, and the rabble-rousers have been successful in creating a raucus out of this incident they want the President to weigh in. Hold your tongue and your breath I say. You've been fanning multiple embers hoping for a towering inferno to catch: IRS, Benghazi, AP, Syria, "Skippy" Snowden. The President is busy dealing with this unnecessary diversion playing fireman Bill to your shenanigans.
    You'll get a Presidential weigh-in when you get it.

    June 24, 2013 11:06 am at 11:06 am |
  15. just sayin

    obama has clearly tried to circumvent the senate's role in approving appointees. actually he totally disregarded it. the ussc must uphold the constitutional power of the senate to confirm appointees. the bogus argument about the president being able to appoint people in war time is a joke. that is not what is happening with obama.

    June 24, 2013 11:09 am at 11:09 am |
  16. Steveo

    @Dominican mama 4 Obama

    Meanwhiile... Rep King is asking the President to weigh in...
    ---------–
    DM4O,

    I lean right but even I can see the speed trap King laid out for the President. No more RED LINES (the last one was not helpful), neither will this one be!

    June 24, 2013 11:17 am at 11:17 am |
  17. Lynda/Minnesota

    Data Driven

    Can anyone explain to me why CNN posts stories on Supreme Court rulings before the decision and details are released? I don't see the point.
    ------------

    Oh, I see the point. It's a useless point, but there nonetheless.

    June 24, 2013 11:18 am at 11:18 am |
  18. Dutch/Bad Newz, VA -aka- Take Back The House -aka- No Redemption Votes

    Why is this an issue all of a sudden? This wouldn't be an issue Mitch McObstruction wasn't in the Senate.

    June 24, 2013 11:21 am at 11:21 am |
  19. The Real Tom Paine

    -just sayin

    obama has clearly tried to circumvent the senate's role in approving appointees. actually he totally disregarded it. the ussc must uphold the constitutional power of the senate to confirm appointees. the bogus argument about the president being able to appoint people in war time is a joke. that is not what is happening with obama.
    *********************
    Recess appointments are clearly constitutional, and since John Bolton ( among others) was the beneficiary of a Republican recess appointment, any argument thats states its circumventing the process is bogus. The Senate was not doing any work when the recess appointment was made ( big surprise) so why is this even an issue? Get real, people. The only joke here is the one that states that, because Obama is involved, it must be illegal. Can we re-classify breathing as illegal?

    June 24, 2013 11:29 am at 11:29 am |
  20. Dominican mama 4 Obama

    @ Steveo
    I'm aware of which way you lean steveo. Works for me. I do believe many of us lean left or right depending on the topic.
    You're right, another "speed trap" courtesy of the "usual suspects".

    June 24, 2013 11:33 am at 11:33 am |
  21. Rudy NYC

    just sayin

    obama has clearly tried to circumvent the senate's role in approving appointees. actually he totally disregarded it.
    ---------------
    Of course, he did. And there's nothing illegal about it.

    June 24, 2013 11:42 am at 11:42 am |
  22. okfine

    the ussc must uphold the constitutional power of the senate to confirm appointees. the bogus argument about the president being able to appoint people in war time is a joke. that is not what is happening with obama.

    ----------–
    You need to read Article 2 Section 2 Clause 3 of the Constitution. This has nothing to do with war. The case has nothing to do with circumventing the senate either. All Presidents make recess appointments. Reagan made 240 of them. Clinton made 129, GWB made 171. Obama has made only 32. The issue before the court is whether the Senate was technically in session when 4 of those appointments were made.

    June 24, 2013 11:43 am at 11:43 am |
  23. okfine

    @justsayin
    ----------–
    You need to read Article 2 Section 2 Clause 3 of the Constitution. This has nothing to do with war. The case has nothing to do with circumventing the senate either. All Presidents make recess appointments. Reagan made 240 of them. Clinton made 129, GWB made 171. Obama has made only 32. The issue before the court is whether the Senate was technically in session when 4 of those appointments were made.

    June 24, 2013 11:44 am at 11:44 am |
  24. Sniffit

    Obama does something POTUSes have been doing for decades and decades and the GOP/Teatrolls and MSM continue to pretend it's somehow different this time. This is just more of the underlying "omg, he's presidenting while black" freakout.

    June 24, 2013 11:53 am at 11:53 am |
  25. Sniffit

    "Can anyone explain to me why CNN posts stories on Supreme Court rulings before the decision and details are released? I don't see the point."

    The point s to get out ahead of the story with as much bobbleheaded punditry and officious pseudo-intellectual pontificating a possible...it's all about narrative manipulation. CNN and the rest of the MSM don't want you to understand and be informed, they want you mindlessly glued to story-time.

    June 24, 2013 11:56 am at 11:56 am |
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