Mother Jones
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Barack Obama had better hope nobody resigns from his administration during the final two years of his presidency. Thanks to a new Supreme Court ruling released Thursday, it’s going to be a lot harder for Obama, and every other future president, to staff the executive branch.
In a unanimous decision penned by Justice Stephen Breyer, the court greatly reduced the president’s ability to make recess appointments with its decision in Noel Canning v. National Labor Relations Board. Breyer’s opinion rejected a lower court’s ruling that would have essentially nullified the president’s ability to appoint nominees to temporary jobs in the executive branch when Congress is out of town. But Breyer and his fellow eight justices said that the president can’t ignore Congress when it claims to still be at work, even if those sessions are just show meetings to obstruct the president. While upholding the concept of recess appointments, the new ruling will in essence prevent the president from using recess appointments anytime the opposition party controls one side of Congress. The Senate can’t enter a recess without the consent of the House, and they’re unlikely to ever get permission to officially leave town if the House majority is opposed to the president. The court’s decision also leaves countless labor dispute decisions in doubt.
Originally posted here:
Presidential Appointments Were Already a Total Nightmare. Now They Just Got Worse.
