WASHINGTON (AP) — In an embarrassing setback for President Barack Obama, a federal appeals court today ruled that he violated the Constitution in making recess appointments last year, a decision that would severely curtail the president's ability to bypass the Senate to fill administration vacancies.
The three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said Obama did not have the power to make three recess appointments to the National Labor Relations Board because the Senate was officially in session — and not in recess — at the time. If the decision stands, it could invalidate hundreds of board decisions made over the past year.
The court said the president could only fill vacancies with the recess-appointment procedure if the openings arise when the Senate is in an official recess, which it defined as the once-a-year break between sessions of Congress.
The White House had no immediate comment but is expected to appeal the decision. The same issue is currently before several other federal appeals courts.
The ruling also threw into question Obama's recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray's appointment, also made on Jan. 4, 2012, has been challenged in a separate case.
Comments
Uh-oh, the King has stumbled.
Since when does he care about the constitution ???
Sore Losers, by the way his proper title is MISTER PRESIDENT.
Obama's roughshod diplomacy fails to gain traction once again.
LtMacGowan, Appreciate your correcting the poster on the proper salutation of an elected official. Did you feel the same way on 10/6/2012 when you called Christie a sleazebag instead of Governor Christie? Or on 4/6/2011 when you called Kaisich (sic) a troglodyte? How about calling Governor Taft, idiot Taft on 5/29/2010? Could you be called a hypocrite? Or would you prefer Mr. Hypocrite?
Lieutenant Hypocrite is also exceptable. As are Our Exulted Ruler, His Holiness, and Czar.
At least you have a sense of humor. Take care.
Thanks. You are right that I have used many ... colorful adjectives to describe politicians I don't like but what really "burns my barn" is the absolute disrespect Fox News has shown President Obama.
They almost NEVER refer to him as President Obama, just Obama. Whenever people made attacks against George W. Fox News basically screamed at them saying HOW DARE YOU attack a WAR PRESIDENT.
Last time I checked we still had troops in Afghanistan so that means President Obama is still a War President yet they attack him mercilessly which is fine but at least pay the respect due to the title of President.
Agree that our presidents and that all people that earn a title should be called so appropriately, Your Honor, Dr., etc. Take exception the Fox News accusation, I rarely hear anything from them that demeans the President. Some strong opinions on policy, but nothing I can recall that disrespects. However, MSNBC and especially when Keith Olbermann was still there, he never respected President Bush. Now Schultz has taken over for Olbermann as the hater of conservatives. But lets not forget, in my opinion, that people in general have less respect for each other then when I was growing up. Total lack of respect for the elderly, like in always "respect your elders". Let's you and I do our part like you and I did and call out posters that show a lack of respect for anybody. Thank you.
"President," as in president of the United States of America, is a title assigned to, not earned by, the person placed in that political position by winning a popularity contest.