Another federal appeals court has ruled that President Obama’s power to make recess appointments is somehow lesser than previous presidents.
WASHINGTON (AP) — A second federal appeals court has found that President Barack Obama exceeded his power when he bypassed the Senate to install a member to the National Labor Relations Board.
The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled that recess appointments can be made only between sessions of the Senate, not any time the Senate is away on a break. [...]
The latest ruling says Obama had no constitutional authority to install a member to the labor board in 2010 while the Senate adjourned for two weeks.
As the Associated Press states, these rulings would invalidate hundreds of recess appointments made by previous presidents. And I can’t even guess which way the Supreme Court will eventually rule on this, but I believe they should rule in favor of the administration unless they want to reverse a century of precedent.
Average people should hope that the Supreme Court rules in favor of the administration because, in some cases, a recess appointment has been the only way to install a functioning leadership structure while Republicans obstruct nominees for months or even a year at a time.