Monday, January 13, 2014

Supreme Court justices took a dim view Monday of President Obama’s claim of almost unlimited powers to appoint top government officials, saying he appeared to be breaking with the founders’ vision of separation of powers between the branches of government when he tried an end-run around the Senate in 2012

Justices skeptical of Obama’s recess appointment claim - Stephen Dinan/Washington Times

Justice Stephen Breyer said the administration is trying to use the recess powers as an end-run around senators who want to block appointments — something the justice said wasn’t part of the Constitution’s plan.

“I can’t find anything so far that says the purpose of this clause has anything to do with political fights between Congress and the president,” he said.

Supreme Court Hears Arguments on Obama's Claimed Power to Make Temporary Appointments Even When the Senate is Not Recessed - Ace Of Spades

While the Constitution permits the President to make temporary appointments to executive positions when the Senate is in recess, Obama, get this, violated the Constitution by claiming the Senate was in recess when the Senate itself said it wasn't in recess. His appointees -- illegal ones -- made some rulings on the National Labor Relations Board which should be nullities, as men with no right to sit on the NLRB did in fact sit there.

Obama claims, get this, that his Constitutional powers grow when he decides a coequal branch of government is being "intransigent" and failing to give him everything he wants.

The argument did not seem to persuade most of the Court. Even the liberal members seemed wary of the claim...


Scalia said that official recesses were required for recess appointments. “Let’s assume I think the text is clearly against you,” Scalia stated, explaining that Obama would have to “ignore the Constitution” in order to simply order recess appointments during a non-recess.

Supremes Poised to Strike Down Obama's Recess Appointments - Ken Klukowski

While it is unclear whether the Court will rule narrowly or broadly, it does seem clear the Obama lost today at the Court, potentially by a lopsided 8-1 vote (if not unanimous against him). Breitbart News will publish a full analysis tomorrow.