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.

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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

Court Rules Obama Recess Appointments Unconstitutional

Hmm. Not sure what to think about this one. There have of course been recess appointments in the past, notably by George W. Bush. I've got to wonder if this will cause a few dominoes to fall, or The Supreme Court will stop that from happening. I've got to think that "undoing" anything done by recess appointees is going to be damned tricky. And, I'm very suspicious of the motives of those who brought the complaint in the first place.

Either way, I suppose it's a subject that has to be settled for precedent. Democrats squealed when Dubya did it. Republicans did likewise when Obama did it. But you have to understand the impulse to try it, particularly with all of the appointments--even uncontroversial ones--being routinely filibustered.* It's a shame that Harry Reid didn't have the opportunity to neuter the filibus. . .oh wait.

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Appeals court panel rules Obama recess appointments to labor board are unconstitutional

President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel, a federal appeals court panel ruled Friday. A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said that Obama did not have the power to make three recess appointments last year to the National Labor Relations Board. . .

Read more at: Washington Post


*Isn't it Ironic Department: If the Senate hadn't been so filibuster happy, and so openly hostile to the President's appointees, it's very likely that Elizabeth Warren would have been appointed to the Consumer Financial Protection Bureau,  and would not be a Senator right now.

GOP Rep. Blows the "We're Not in Recess" Claim

"Bite me, Boehner!" Image from Raw Story

So, the House of Representatives is not in recess. Which means that President Obama's recent recess appointments--to get around some ridiculous stalling in Congress, don't forget--were wrong! And Congress is going to do something about it, you can bet your bippy! Right as soon as they get back. . .from. . .well, certainly not recess! When the get back from un-recess!


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GOP Rep. claims Congress not in recess, vows post-recess action

A Republican Congresswoman from Tennessee really stepped in it this week.
Leading the charge for Republicans against President Barack Obama’s recent recess appointments, Rep. Diane Black (R-TN) issued a press release on Tuesday castigating the allegedly unconstitutional picks and insisting that “Congress was not in fact in recess.”

But three sentences later, Black said (emphasis added): “I hope the House considers my resolution as soon as we return to Washington so we can send a message to President Obama. . .”

Read more at: Raw Story

Democrats Show Up at Empty House Floor, GOP Cuts Cameras

Here come the scary Democrats!
Image from Think Progress

Was this a bit of political theater? Yes, yes it was. Was this Nancy Pelosi sticking her finger in John Boner Boehner's eye? Yes. But, it proves the House was really not in session. And it proves that when the GOP is backed into a corner, they get all childish. Shut off the cameras! Cut their microphones! Ridiculous. But kudos to the Democrats for making them have a spaz attack.




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House Democrats Rush Floor Demanding Republicans Come Back To Work, GOP Cuts Off C-SPAN 




House Minority Leader Nancy Pelosi (D-CA) and a group of Democratic lawmakers took to an empty House floor today to demonstrate that they were willing to work while Republicans lawmakers are at home. “Where are the Republicans?” demanded Assistant to the Minority Leader James Clyburn (R-SC). Joining Pelosi and Clyburn were five other House Democrats who are assigned to the payroll-tax extension conference committee. . .

Read more at: Think Progress

President Obama Makes Recess Appointments; GOP Pissed

"The left one is THIS big." Image from CNN

Boo-freakin'-hoo. Seriously. How many of these recess appointments did The Decider make? How upset were Republicans by that? And the Democrats in Dubya's time didn't pointlessly hold up almost everything just to be contrarians. When they were doing it, it was over ideological differences over the appointees. Now? Republicans are simply blocking anything the President wants, even if it was something they were previously for. If they are going to be so immature, I guess it's appropriate they're squalling like babies.

Meanwhile, good on you Mr. President! That's the kind of cojones we knew you had, but it's nice to have proof. Richard Cordray was not a controversial appointment. It's the Consumer Financial Protection Bureau that the GOP is squicked out about. Isn't that nice? An agency designed to protect the taxpayers from greedy corporations. Yeah, I can see why Republicans are against that. But why to people keep voting for them?

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Obama recess appoints consumer bureau chief

In a move that has angered Republicans, President Obama on Wednesday announced he's making a recess appointment of Richard Cordray to be the first director of the Consumer Financial Protection Bureau, sidestepping the Senate confirmation process. . .

Read more at: CNN

Senate Blocks Potential "Recess Appointments" by Obama

Image of the epically awesome Elizabeth Warren from
source, Raw Story

Huh. Big babies. Apparently this is all to prevent the appointment of Elizabeth Warren to a consumer protection position in the government. The article refers to Warren as "controversial." And that in a nutshell tells me more about the problems in our government than almost anything.

On what planet is Elizabeth Warren controversial? I've seen her interviewed by several different people, and seldom have I seen a smarter, more articulate, more succinct, more capable or quite simply cooler woman! I am truly baffled. When a person this clearly qualified has to be blocked by a special trick maneuver, I have to wonder why. Could it be that they know she'd do a good job, and that they really don't want consumers to be protected?

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Congress nixes chance of Obama recess appointments

Republican senators on Friday forced the US Senate to stay in session over its week-long Memorial Day break in a bid to prevent President Barack Obama from nominating a controversial head of a new consumer protection bureau.
Obama has the right to make so-called "recess appointments" any time the Senate breaks for four days or more. . .

Read more at: Raw Story

President Obama Makes Some Recess Appointments

Not just yes, but hell yes. Since the inauguration, Republicans have been blocking President Obama's nominees for all kinds of things. Many, if not most of the blocks have not been put in place because of severe disagreement on the appointees, but just to gum up the works. Republicans might argue that President Bush made his recess appointees for the exact same reason. I might not agree with that, but if it was good enough then, then suck it up, to the conservatives who are bitching about it now.

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Obama makes 15 recess appointments, blames Republicans

U.S. President Barack Obama on Saturday announced his plan to make 15 recess appointments held up by Republican delays, including two Treasury Department positions and two on the National Labor Relations Board that have been vacant for more than a year. . .

Read more at: Reuters

Nancy Pelosi Thwarts Bush Recess Monkey Business

Photo from source, TPM Muckraker

The House of Representatives is on a roll, as far as I'm concerned, standing up to George W. Bush and his administration--at last. I haven't been particularly impressed with Nancy Pelosi's leadership in the House (or Harry Reid's in the Senate) until recently. I can only hope they keep it up.

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Dems Preempt Bush Recess Moves

It's gotten to be a common occurrence. When Congress has a scheduled recess, the Democratic leadership keeps the Senate (and sometimes the House) in pro forma session in order to prevent any administration recess tomfoolery. [snip]

Pelosi, fearing that Bush would try to capitalize on the House’s absence to call Congress back into a special session, scheduled two pro forma sessions on Tuesday and Thursday. The Senate will do the same at the same time. . .

Read more at: TPM Muckraker

Harry Reid to Thwart Bush Again

Photo from BlogNetNews

Just when I'm out, they pull me back in again. Yes my love-hate relationship with Harry Reid swings back to the love category tonight. Bravo to the Senate Majority Leader from Nevada for standing up to The Decider when it counts--this time. C'mon, Harry, why not all the time?

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Senate to stay in session to thwart Bush

Senate Majority Leader Harry Reid said Wednesday that he would keep Congress in session over the holiday break solely to block President Bush from making recess appointments. It was an apt ending to one of the most bitterly partisan congressional sessions in memory. . .

Read more at: Boston.com

Harry Reid Shuts Down Bush's Recess Appointments

Photo from source, Huffington Post

If you know me, you know I couldn't pass up posting this image, whatever story it was attached to.

Fortunately, it is a good story that--dare I say it--gives me renewed faith in Harry Reid, and hope that the Democratic Congress is finally showing some spine. Don't let me down, Harry!

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Gobble, Gobble : Reid Cancels Senate Thanksgiving Break To Avoid Bush Recess Appointments

Senate Majority Leader Harry Reid (D-Nev.) has decided to keep the chamber in session over the Thanksgiving break to block President Bush from making any unsavory recess appointments while Senators are out of town.

In a statement inserted in the record Friday, the Majority Leader said he will hold the Senate in a series of pro forma or nonvoting sessions to prevent the controversial practice. . .

Read the rest at: Roll Call (via Huffington Post)