Thursday, June 26, 2014
Unanimous! Supremes Rules Obama's Recess Appointments Unconstitutional
I guess he's not a king after all. At least not yet.
In a unanimous 9-0 decision, the Supreme Court ruled in National Labor Relations Board v. Noel Canning et al that President Obama's appointments to the National Labor Relations Board in 2012 without Senate confirmation were illegal. The president's excuse at the time was that the Senate was 'in recess' when it actually wasn't, but he simply pushed the appointments through anyway.
The senate sued, and today's ruling was the result.
In a real slap in the face, the majority opinion was written by the most left-leaning justice on the Court, Justice Stephen Breyer, joined by Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. A concurring opinion written by Antonin Scalia was joined by Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito.
"The Recess Appointments Clause empowers the President to fill existing vacancy during any recess—intra-session or inter-session—of sufficient length. A Senate recess that is so short that it does not require the consent of the House under that Clause is not long enough to trigger the President's recess-appointment power."
Justice Stephen Breyer said in his majority opinion that a congressional break has to last at least 10 days to be considered a recess under the Constitution.
Apparently even the left-leaning justices on the court are worried about this president's lawless behavior and disregard for the Constitution he swore to uphold.