Recess Appointments Made by President Barack Obama


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But presidents like to use recess appointments for expediency or, in this case, to get past obstructions. Republicans were seeking to block President Obama's nominees to the NLRB, which tends to side with unions over businesses. In the Senate, the threat of filibuster had killed confirmation chances, but Obama could appoint members if Congress adjourned. So Republicans in the House held "pro forma" sessions to avoid empowering Obama: They showed up, gaveled in, and gaveled out.

That also meant the Senate couldn't adjourn. Fun fact: This trick was actually pioneered by Democrats during the George W. Bush administration.

Supreme Court on Recess Appointments: The President Loses, Congress Partially Wins

The White House decided this doesn't count as being in session and went forward with its recess appointments. This was challenged, which is what today's ruling is about. The President can make a recess appointment without Senate confirmation when the Senate says it is in recess.


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But either the House or the Senate can take the Senate out of recess and force it to hold a "pro forma session" that will block any recess appointment. So while the President's recess appointment power is broad in theory, if either house of Congress is in the hands of the other party, it can be blocked. That means a sharp limit on this, or any, president's ability to appoint federal officials going forward.

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Continue to article content. Share on Facebook Share on Twitter. Nonetheless, Rappaport says he can see White House lawyers making a strong case to President Obama that he could go forward with a recess appointment. If Obama does not make a recess appointment but instead tries to use political and media pressure to make the GOP Senate consider his nominee, Republicans might nonetheless find the recess power useful.

If blocking an Obama nominee became truly unpopular with swing voters, the Senate could declare a recess in such a way as to give Obama the clear right to make a recess appointment. The Senate — which could be under either GOP or Democratic control — would then take up the issue again in , when the recess appointment expires. But President Obama could still surprise us and make a recess appointment before February If he did, it would engender a fierce reaction and lots of controversy.

Recess Appointments Made by President Barack Obama - Digital Library

More articles. Previous articles. President Obama speaks on the passing of Antonin Scalia, February 14, Most Popular. By John McCormack. Nebraska Republican senator Ben Sasse is reluctant to say much about allegations that President Trump pressured Ukraine to investigate the son of Democratic presidential candidate Joe Biden until Congress learns more.

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Could Obama Bypass the Senate with a Supreme Court Recess Appointment?

Sherikia Hawkins was charged Monday with six felony counts for allegedly altering absentee ballots during the November election in her capacity as city clerk for the Detroit suburb of Southfield, Mich. Hawkins, a year-old registered Democrat, stands accused of altering absentee ballots. She was They're facing charges. White House.

Recess Appointments Made by President Barack Obama Recess Appointments Made by President Barack Obama
Recess Appointments Made by President Barack Obama Recess Appointments Made by President Barack Obama
Recess Appointments Made by President Barack Obama Recess Appointments Made by President Barack Obama
Recess Appointments Made by President Barack Obama Recess Appointments Made by President Barack Obama
Recess Appointments Made by President Barack Obama Recess Appointments Made by President Barack Obama
Recess Appointments Made by President Barack Obama Recess Appointments Made by President Barack Obama

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