Court: Obama's Recess Appointments Are Invalid
Justice Department is expected to appeal to Supreme Court
By Newser Editors and Wire Services
Posted Jan 25, 2013 5:05 PM CST
Richard Cordray's appointment to lead the Consumer Financial Protection Bureau might be in trouble because of today's court ruling.   (Carolyn Kaster)

(Newser) – A federal appeals court ruled today that President Obama violated the Constitution in making recess appointments last year, a decision could severely curtail the president's ability to bypass the Senate to fill administration vacancies. The three-judge panel of the US Court of Appeals in DC said Obama did not have the power to make three recess appointments to the National Labor Relations Board because the Senate was officially in session—and not in recess—at the time. The ruling also throws into question the legitimacy of Obama's recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau.

The court ruled that the president could make recess appointments only when the Senate is in an official recess, which it defined as the once-a-year break between sessions of Congress. The decision "contradicts 150 years of practice by Democratic and Republican administrations," said White House spokesman Jay Carney. The Justice Department hinted that the administration would appeal the decision, made by three conservative judges, to the Supreme Court.

Copyright 2016 Newser, LLC. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. AP contributed to this report.

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Showing 3 of 64 comments
ashthe1
Jan 27, 2013 11:05 PM CST
Official recess, which it defined as the once-a-year break between sessions of Congress? This non-law abiding congress that has refused to work with the “State Department” is out of session more often then any other congress that was assembled before their times. And, that purposely so that nothing meaningful is done. The people in this Congress are a mixture of the old and young, “Tea Parties” and “Extremists Idealists”. There are those of us (we the people) that would like to see them act sensible, but we no longer expect them to do so. Their own “Speaker of the House” seems to be wondering what “Congress is attempting to do, other than playing games, to harm the country. Congress is viewed by all people of the civilized world. Members of our Congress need to act intelligent for the sake of our Grand Old Party (GOP). After all, we are all Americans.
Perotstheman
Jan 27, 2013 5:07 PM CST
Way to go NEWSWHORE..yet another no-news news story.. This little dictator has been side-stepping laws, the Constitution, protocol, tradition, common decency, honesty, openness, transparency and chain of command since day one and now it's big news?? Why because he FINALLY got called on it? and by 3 "conservative" judges. Would the judges have been mentioned..almost as an afterthought in this article, if they had been "gay" judges, or Female judges, or Black judges, or anti-abortion judges?? Hell no they wouldn't have. What a bunch of twisted little snipes..deal with it..This guy is a crook..period
right2dave
Jan 26, 2013 10:09 AM CST
All bow down to King Obama!