U.S. Supreme Court to Decide on President’s Recess-Appointment Power
Supreme Court justices will rule next week on the president’s right to appoint candidates to executive and judicial branch openings while Congress is not in session. Presidents have been doing this for decades, bypassing the need for congressional approval with their right to fill vacancies during congressional recesses. But Obama’s appointment of two people to the National Labor Relations Board during a congressional break in 2012 led to a constitutional test. Noel Canning, a firm that suffered an unfavorable ruling by the NLRB shortly after Obama’s selections, says the appointments were unconstitutionally made during a break, not a recess. A lower court agreed with the firm, but the Supreme Court will get the last word.