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High court limits president's recess-appointments power

By The Associated Press

This article was originally published June 26, 2014 at 9:30 a.m. Updated June 26, 2014 at 10:58 a.m.


This June 25, 2014, file photo shows President Barack Obama speaking in Washington. The Supreme Court on Thursday, June 26, 2014, limited the president's power to fill high-level vacancies with temporary appointments, ruling in favor of Senate Republicans in their partisan clash with President Barack Obama.

WASHINGTON — The Supreme Court on Thursday limited the president's power to fill high-level vacancies with temporary appointments, ruling in favor of Senate Republicans in their partisan clash with President Barack Obama.

The high court's first case involving the Constitution's recess appointments clause ended in a unanimous decision holding that Obama's appointments to the National Labor Relations Board in 2012 without Senate confirmation were illegal. Obama invoked the Constitution's provision giving the president the power to make temporary appointments when the Senate is in recess.

Problem is, the court said, the Senate was not actually in a formal recess when Obama acted.

Obama had argued that the Senate was on an extended holiday break and that the brief sessions it held every three days — what lawmakers call "pro forma" — were a sham that was intended to prevent him from filling seats on the NLRB.

The justices rejected that argument Thursday.

Read tomorrow's Arkansas Democrat-Gazette for full details.

Comments on: High court limits president's recess-appointments power

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yungs says... June 26, 2014 at 11:40 a.m.

well at least he's been pushed off his high horse a little with this! Now let's get him for all the other things he's illegally done!

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HOTDEMN says... June 26, 2014 at 3:56 p.m.

If the Republican Congress would actually do their jobs he wouldn't have to go to extraordinary lengths to keep the government running. His only alternative was to leave an important leadership position unfilled and a department of the government spinning it's wheels while the Congress acted like a bunch of wayward children. We get it. Republicans hate blacks and will destroy the country before they work with a black president.

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aimee says... June 26, 2014 at 4:40 p.m.

This President has guts to work around Republicans who block him in every way imaginable..!!! Creative governing is necessary when one's opponents constantly obstruct what the majority agree upon..!!! If they can't see fit to "govern" they need to go home..!!!
"Bipartisanship is a political situation in which opposing political parties find common ground through compromise to govern more efficiently, and prior to Americans electing an African American man as President, governing and passing legislation through compromise was not a unique situation. It is old news, now, that Republicans are unwilling and incapable of finding common ground with Democrats on any issue even if the public and Republican legislators support something the President and Democrats are promoting. In fact, Republicans will oppose, obstruct, and block by filibuster anything, and if this past week was any indication, Senate Republicans will even block legislation they helped write and supported in a rare display of bipartisanship."
politicususa. com/2014/05/17/senate-republicans-hit-time-blocking-bill-unanimously-supported.html

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DontDrinkDatKoolAid says... June 26, 2014 at 5:02 p.m.

Unanimous !!!! WOW !!! WHAT NEXT??????

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GiveUsLiberty says... June 26, 2014 at 5:18 p.m.

Aimee, any and all Presidents are bound by the Constitution and obviously EVERYONE on the Supreme Court believes he acted illegally. Your loverboy is the most corrupt man to ever hold the office. He has failed to live up to his oath of office and has failed up uphold our laws. He shows open distain for our Constitution. Your savior has taken multiple illegal actions to "work around" Congress. Lest you forget, his administration was behind the illegal "Fast & Furious" operation that led to the death of an American & multiple deaths in Mexico, He & Killary botched Benghazi and that resulted in more American deaths. His illegal actions on our border have put our country in harms way from disease, gang members & terrorists. His henchmen in the IRS & EPA have all "lost" pertinent emails that have been legally requested by Congress. He and his minions are the ones who do not choose to work with Congress and are doing everything they can to cover up their wrong doing. If you & the POTUS do not like our Constitution, you are more than welcome to find another country to inhabit.

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ThinkFree says... June 26, 2014 at 5:24 p.m.

If the Obama would NEGOTIATE with the congress (as other president's have done) instead of acting like a dictator, he wouldn't need to go around them.

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RonalFos says... June 26, 2014 at 5:45 p.m.

Sorry, no President can negotiate when the other side won't even let important legislation even come to a vote. They have blocked legislation with filibuster threats more in the Senate than has been done to all other Presidents combined.

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HotSpringsLawyer says... June 26, 2014 at 5:48 p.m.

Bush 43 made a whole bunch of recess appointments too. Wonder if anyone looking back at those.

Court should have said the appointments were valid until now, because President clearly had colorable power to appoint. The Senate is "in session" because they say so, even though they have gone home for the holidays?? Now they have created a giant mess, even if tbeir ultimate decision is correct.

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FreeSpiritMan says... June 26, 2014 at 6:36 p.m.

The senate was in recess at the time, they would have a GOP senator come in ever 3 days and gavel in and gavel out just to try to keep him from appointing anyone. If you dummies think this is how the founding fathers intended congress to work you are as crazy as you sound.

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tenpoint says... June 26, 2014 at 6:54 p.m.

THE president should be MAN ENOUGH to work with the congress and do like the presidents before him

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