Keyword: recessappointments
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But the president also received some bad news: The Senate unanimously agreed to a move designed to block Trump from making any recess appointments while the Senate takes its summer break.
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The Senate moved unanimously to block President Trump from making appointments during the August break this evening. Democrats had said they'd make such a move after reports emerged that Trump was considering replacing Attorney General Jeff Sessions during the recess. The Senate agreed to hold pro forma sessions throughout the recess. This procedure was also used to block appointments during the Obama administration. Worth noting: the announcement was made by moderate Republican Lisa Murkowski, who split from Trump over health care. The Senate also made a slew of confirmations and passed several measures before shutting down for the summer. Another...
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During her weekly press conference Thursday, Nancy Pelosi jabbed Republican lawmakers for taking a two-week recess for the Easter-Passover holidays. “Today, here we are, 77 days,” the House minority Leader stated. “The Republican House departs for a two-week break now for the Easter-Passover holidays.” “I’ll begin by asking the same questions that Republicans will face from their constituents,” the California Democrat continued. “What have the Republicans done with their control of the House, Senate and the White House to produce jobs?” “Where are the jobs? Show us the jobs. Democrats believe we should focus on every day on job creation...
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There was much hubbub in late 2012 when President Obama made four recess appointments during a short recess The case later went to the Supreme Court and the maneuver was ruled to be unconstitutional... The key in the 2014 Supreme Court decision regarding the president's appointments to the National Labor Relations Board over the three-day break was that the justices found the executive branch determined what it interpreted as a recess. But Justice Stephen Breyer wrote in the majority opinion that under the Constitution "the Senate is in session when it says it is." Obama said Saturday night that he...
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The Supreme Court ruling on Thursday that invalidated three appointments made by President Obama to the National Labor Relations Board has thrown hundreds of the board's decisions into question. The board that rules on labor disputes is now scrambling to determine the impact of the high court decision. At issue is whether board decisions made when the now-invalid appointees were participating will have to be re-decided under the current NLRB.
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Republicans on the Hill cheered the 9-0 Supreme Court decision that found President Obama’s January 2012 appointments to the National Labor Relations Board were unconstitutional, while the top Democrat in the Senate maintained that the White House was in the right. Obama branded them “recess appointments,” but the Senate was actually in pro-forma session at the time. In September of that year, 41 GOP senators filed an amicus brief in support of the case brought against the presidential appointments. The U.S. Court of Appeals for the District of Columbia ruled the appointments of Sharon Block and Richard Griffin were unconstitutional...
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This week, once again, we heard President Obama defiantly pronounce that he has no intention of letting a little thing like constitutional checks and balances get in his way and interrupt his royal prerogative. "We are not just going to be waiting for legislation in order to make sure that we're providing Americans the kind of help that they need," said Obama. "I've got a pen, and I've got a phone." What other president has ever talked like this? I thought Democrats had an aversion to "unilateral" executive action. Wasn't one of their pet peeves against President George W. Bush...
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I know, I know: Didn’t we go through this once before? SCOTUS sounded skeptical after oral arguments on ObamaCare’s individual mandate too and we all know how that turned out. We’re setting ourselves up for heartbreak. Again.One big difference between then and now, though, is that everyone assumed a ruling against the mandate would be no better than 5-4. Obama had four liberal justices in the bag for his position, as usual; the only question was whether they could get one conservative. Per Moe Lane, the word from SCOTUSblog about this morning’s arguments is that even some of the liberals...
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Three of President Obama’s recess appointments appeared in jeopardy Monday of being deemed unconstitutional, as the U.S. Supreme Court took up a case that could help define the limits of executive power. Nearly every justice on the high court questioned the basis of Obama’s 2012 appointments to the National Labor Relations Board, signaling a ruling that could temper presidential authority and bolster the Senate’s hand. At issue is whether Obama overstepped by making the appointments during a limited “pro-forma” session of the Senate and, further, when exactly presidents can install judges and fill top federal vacancies without the upper chamber’s...
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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. Both liberal and conservative justices seemed skeptical of the president’s claim, though they struggled with how far to go in deciding the limits of a president’s recess appointment power. If they ruled narrowly, they could simply overturn Mr. Obama’s 2012 appointments by finding he tried to act when the Senate...
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Later this month the Supreme Court will hear a case that should resolve how much latitude presidents have to make recess appointments to federal offices that otherwise require Senate confirmation. The boundary of this power has never been decided by the high court. Yet the entire scheme of the U.S. Constitution—which is based on a separation of powers, enforced through checks and balances to safeguard individual liberty—is at stake. Noel Canning v. NLRB involves several recess appointments President Obama made to the National Labor Relations Board on Jan. 4, 2012. The federal appeals court in Washington, D.C., correctly held that...
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RICHMOND, Va. – A third federal appeals court ruled Wednesday that President Obama´s recess appointments of three National Labor Relations Board members was unconstitutional. A divided three-judge panel of the 4th U.S. Circuit Court of Appeals joined federal appeals courts in the District of Columbia and Philadelphia in ruling that the Senate wasn´t really in recess when Obama filled the vacancies during an extended holiday break in January 2012. The U.S. Supreme Court has agreed to hear the D.C. case. However, the legal dispute may have been resolved politically. Obama on Tuesday nominated two new NLRB appointees to replace those
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After a contentious fight over some of President Obama’s nominees, the Senate confirmed five members to the National Labor Relations Board (NLRB). On Tuesday, the Senate voted to clear all five nominees — Harry Johnson III, Philip Miscimarra, Nancy Schiffer, Kent Hirozawa and Mark Pearce. Republicans agreed to hold up-or-down votes on the NLRB nominees as part of a deal to avoid Senate rule changes limiting the minority's right to filibuster executive branch nominations. Two of the NLRB nominees confirmed were GOP picks — Johnson and Miscimarra — and Schiffer, Hirozawa and Pearce were Obama's nominees. As part of the...
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After a contentious fight over some of President Obama’s nominees, the Senate confirmed five members to the National Labor Relations Board (NLRB).On Tuesday, the Senate voted to clear all five nominees — Harry Johnson III, Philip Miscimarra, Nancy Schiffer, Kent Hirozawa and Mark Pearce.Republicans agreed to hold up-or-down votes on the NLRB nominees as part of a deal to avoid Senate rule changes limiting the minority's right to filibuster executive branch nominations. Two of the NLRB nominees confirmed were GOP picks — Johnson and Miscimarra — and Schiffer, Hirozawa and Pearce were Obama's nominees. As part of the deal, Obama...
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The Court of Appeals for Washington, D.C. ruled that President Obama's recess appointments from 2012 violated Article II of the Constitution. Obama Violated Constitution With Recess Appointments, Appeals Court Rules The New American 26 January 2013 On Friday, a federal appeals court ruled that President Obama's 2012 recess appointments to the National Labor Relations Board (NLRB) were unconstitutional. Specifically, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit held that the recess appointments violated the Article II, Section 2 of the Constitution, the so-called Appointments Clause. This article grants the president power to...
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It won’t be for a while, as this session of the Supreme Court will come to an end this week with the release of its most controversial decisions of the term. However, next year, the court will hear arguments on what constitutes a recess, and how much power the President has to make appointments without the advice and consent of the Senate: President Obama’s recess appointments to a federal agency– made without Senate confirmation– will be reviewed by the Supreme Court, a major constitutional test of executive power. …The case sets up a high-stakes Supreme Court fight between the other...
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(Reuters) - The U.S. Supreme Court on Monday agreed to hear a closely watched case involving the National Labor Relations Board that raises fundamental questions about the authority of the U.S. president to make appointments without Senate approval. In the court's next term, starting in October, the court will consider whether three appointments President Barack Obama made to the board in January 2012 were invalid because the Senate was not technically in recess at the time.
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All 45 GOP senators signed a brief calling Obama's appointments an unconstitutional abuse of power. The Senate GOP conference has asked the Supreme Court to invalidate President Obama's January 2012 recess appointments as an unconstitutional abuse of power. All 45 Repubican senators on Tuesday signed on to a brief arguing that Obama overstepped his authority in naming members to the National Labor Relations Board (NLRB) while the Senate was technically still in session. “The president’s decision to circumvent the American people by installing his appointees at a powerful federal agency while the Senate was continuing to hold sessions, and without...
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Setting the stage for a constitutional showdown, the Obama administration on Thursday urged the Supreme Court to rule that presidents have broad authority to make certain appointments without Senate approval. In January the U.S. Court of Appeals for the District of Columbia Circuit ruled that three appointments to the panel, which normally has five members, were invalid. In the brief filed on Thursday, Solicitor General Donald Verrilli defended the recess appointment powers of the president, disputing the court's conclusion that it can only be used in the period between formal sessions of the Senate. If the appeals court ruling was...
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