Recess Appointments Clause

On Tuesday April 17, Senate Minority Leader Mitch McConnell (R-Ky.) announced that he and other Senate Republicans intend to file a brief amicus curiae in a case challenging the validity of President Obama’s January 4 recess appointments to the National Labor Relations Board. The case, Noel Canning v. NLRB, challenges an NLRB cease and desist order relating to a purported refusal to bargain, and is currently pending before the United States Court of Appeals for the D.C.… Continue Reading

According to an article appearing last week in The Hill, consumer groups are urging President Obama to end-run the Senate’s failure to confirm his nominee for Director of the CFPB, Richard Cordray, by using the presidential recess appointment power. The exercise of such a power has been made problematic by the use of “pro forma” sessions in the House to keep Congress in session and avoid any period in which there is a recess.… Continue Reading