Monday, January 28, 2013

Unintended Consequences: Recess Appointment Decision Fallout

Image from source, TPM
The decision by the DC Circuit Court of Appeals that called some of President Obama's recess appointments unconstitutional could yield a bevy of unintended consequences. For example, Obama is far from the only president who has used the power, which goes back almost 100 years, and notably includes George W. Bush. If the law is upheld by the Supreme Court, it might not only affect appointments made by Obama, but could wreak havoc over dozens of years. Moreover, severely curtailing Obama's power to make such appointments would also apply to the next Republican president. It would be odd indeed for Congress to seize such a massive change of rules right after the reluctance to radically alter the filibuster. This will be interesting to watch.


Will Conservative Judges Help Republicans Nullify The Recess Appointment Power?

An expansive Friday decision by a three-judge D.C. Circuit Court of Appeals panel threatens to cripple two government agencies and significantly limit the president’s power to bypass the Senate confirmation process by making recess appointments. . .

Read more at: Talking Points Memo

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