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Recess Appointments

Recess Appoint a Supreme Court Justice: Obama Needs to Find His Inner-Trump to Replace Scalia on SCOTUS

Victor Williams | Posted 02.19.2017 | Politics
Victor Williams

I also suggest that Obama should use this opportunity to fill many of the other executive, regulatory, and judicial offices remaining empty due to partisan obstruction and normal Senate indolence.

Friday Talking Points -- Courtin' Season

Chris Weigant | Posted 08.27.2014 | Politics
Chris Weigant

The end of June is an important time on the political calendar, but it is one which most Americans don't really think about all that much. It's hard to fault this, so let's take a quick run through the important decisions handed down in the past week.

NLRB v. Noel Canning: Two Cheers for Recess Appointments

Peter M. Shane | Posted 08.27.2014 | Politics
Peter M. Shane

The Supreme Court's Noel Canning decision upholds the D.C. Circuit's outcome, but repudiates its reasoning and leaves the elected branches with pretty much the same tools already available to them to foster either friction or cooperation. All in all, it's a pretty good day for constitutionalism.

Dem Senators See SCOTUS Decision As Validation Of Rules Change

Politico | Posted 06.27.2014 | Politics

The Supreme Court’s decision to strike down President Barack Obama’s recess appointments marked a big win for congressional Republicans — but De...

Supreme Court Limits President's Recess Appointment Power

AP/The Huffington Post | Posted 06.26.2014 | Politics

The Supreme Court ruled against President Barack Obama in National Labor Relations Board v. Noel Canning on Thursday, limiting his power to make reces...

Ending the War Games Over the NLRB

Joseph P. Mastrosimone | Posted 09.22.2013 | Politics
Joseph P. Mastrosimone

The most recent slow peddling of President Obama's NLRB nominees by Senate Republicans through the filibuster is only the latest chapter in this war story. Real disarmament can only take place when the political nature of the Board is reformed.

Dave Jamieson

How Obstructionism Pays For GOP | Dave Jamieson | Posted 07.02.2013 | Politics

WASHINGTON -- Republican senators who support a lawsuit that could shut down the National Labor Relations Board have received more than $6 million ove...

Imagine a Labor Day Without Labor Law

Larry Cohen | Posted 08.31.2013 | Politics
Larry Cohen

Democrats will now need to decide which side they are on. We could be the first generation of working Americans since 1935 to not have the protections of the NLRB.

Jennifer Bendery

Obama Recess Appointments Not Likely While Congress Is Away For July 4 Break | Jennifer Bendery | Posted 06.28.2013 | Politics

WASHINGTON -- Starting Friday, Congress is officially in recess for nine days. But don't expect President Barack Obama to use his authority to go arou...

Use the Nuke, Harry, Use the Nuke

Leo W. Gerard | Posted 08.03.2013 | Politics
Leo W. Gerard

Republicans have abused the filibuster process at a record rate. They've manipulated Senate recess to unprecedented levels. They've delayed and appealed decisions. Senate Majority Leader Harry Reid can hobble this right-wing campaign against working people by deploying the nuclear option.

Dave Jamieson

How Senate Obstruction Helped Ruin This Guy's Life | Dave Jamieson | Posted 05.23.2013 | Politics

WASHINGTON -- In the past three years, Marcus Hedger has lost a good-paying manufacturing job and a nice home in Antioch, Ill. Thanks to the dysfuncti...

Dave Jamieson

Board Games: How The Collapse Of The Senate Has Crippled The NLRB And Damaged Lives | Dave Jamieson | Posted 03.25.2013 | Politics

SMITHERS, W.Va. -- When he was a teenager, Barry Kidd went into the West Virginia coal mines, just like his father, his grandfather and his great-gran...

Dave Jamieson

Administration To Petition SCOTUS On Recess Appointment Case | Dave Jamieson | Posted 03.12.2013 | Politics

WASHINGTON -- The National Labor Relations Board, whose recess appointments by President Barack Obama were ruled invalid by a panel of federal judges ...

The President's Agenda Faces Peril in the Courts

Jamin Raskin | Posted 04.16.2013 | Politics
Jamin Raskin

The most ardent desire of conservative judges is to defeat progressive legislation and progressive enforcement of the laws, and the recent decision of...

Supreme Court To Stay Out Of Obama Recess Appointment Case

Reuters | Posted 04.08.2013 | Politics

By Lawrence Hurley WASHINGTON, Feb 6 (Reuters) - The U.S. Supreme Court on Wednesday denied a nursing home operator's emergency stay ...

Dave Jamieson

Judges Flout Decades Of Presidential Tradition In Obama Smackdown | Dave Jamieson | Posted 02.05.2013 | Politics

WASHINGTON -- The research arm of the U.S. Congress has studied the controversial appeals court ruling striking down President Barack Obama's recess a...

Dave Jamieson

Biz Lobby 'Licking Its Chops' Over Recess Appointment Debacle | Dave Jamieson | Posted 02.02.2013 | Politics

WASHINGTON -- The appeals court ruling striking down President Barack Obama's recess appointments to the federal labor board is barely a week old, but...

Michael McAuliff

Republicans Try To Defund CFPB, Labor Board Actions | Michael McAuliff | Posted 02.01.2013 | Politics

WASHINGTON -- Republican senators are moving to target the Consumer Financial Protection Bureau as well as the National Labor Relations Board in the w...

Judicial Activism and Recess Appointments

Peter M. Shane | Posted 04.02.2013 | Politics
Peter M. Shane

What is striking about the DC Circuit opinion is not its bottom line, but the scope of its reasoning. Despite a pretense of constitutional modesty, the court decided the Recess Appointments issue on the broadest possible ground.

The Judicial Attack on Labor

Roy Ulrich | Posted 04.01.2013 | Politics
Roy Ulrich

Just this past week, the National Labor Relations Board was put in legal limbo as a result of a federal appeals court ruling that President Obama's recess appointments to the Board were invalid.

Two More Reasons Why the D.C. Circuit is Wrong, Wrong, Wrong on Recess Appointments

Peter M. Shane | Posted 04.01.2013 | Politics
Peter M. Shane

Congress can work mischief of its own. The Senate can hold up patently qualified nominees interminably. Or a majority of the House of Representatives may disable the Senate from going into "the recess" for no reason other than to preserve the filibustering prerogatives of a Senate minority.

Making Mischief with Recess Appointment Authority -- The DC Circuit Adds New Ways to "Just Say No"

Douglas Kmiec | Posted 03.31.2013 | Politics
Douglas Kmiec

Having few ideas of one's own and repeatedly finding a way to deny Democratic action to meet modern day problems can hardly be claimed as a Senatorial privilege -- which, of course, it is not.

Permitting Legislative Repeal by Blocking Nominations: The DC Circuit Recess Appointment Disaster

Peter M. Shane | Posted 03.29.2013 | Politics
Peter M. Shane

Of course, the Senate is not intended to be a rubber stamp. But stalling nomination votes simply to keep laws from being enforced -- effectively repealing the laws that cannot be enforced without the nominees in place -- is utterly inconsistent with the Senate's proper confirmation role.

DOJ: Obama Recess Appointments 'Constitutionally Sound'

The Huffington Post | Ryan J. Reilly | Posted 01.25.2013 | Politics

WASHINGTON -- The Justice Department is standing by President Barack Obama's recess appointments to the National Labor Relations Board despite a decis...

White House: 'We Respectfully But Strongly Disagree'

Reuters | Posted 03.27.2013 | Politics

By Roberta Rampton WASHINGTON, Jan 25 (Reuters) - The White House on Friday said it disagrees with a U.S. federal appeals court's "nov...