Supreme Court Curbs President’s Power to Make Recess Appointments - NYTimes.com
WASHINGTON — The Supreme Court on Thursday said President Obama had violated the Constitution when he bypassed the Senate to appoint officials to the National Labor Relations Board during a brief break in the Senate’s work.
But the larger message of the court’s majority opinion, written by Justice Stephen G. Breyer and joined by its four more liberal members, was that there is a role for recess appointments so long as they are made during a recess of 10 or more days.
Justice Antonin Scalia agreed with the result in the case but issued a caustic concurrence from the bench. “The majority practically bends over backwards to ensure that recess appointments will remain a powerful weapon in the president’s arsenal,” he said.
The decision affirmed a broad ruling last year from a federal appeals court in Washington that had called into question the constitutionality of many recess appointments by presidents of both parties.
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