BY ACLU, Special for USDR
The American Center for Law and Justice (ACLJ), which represented House Speaker John Boehner in an amicus brief filed at the high court, said today’s decision by the Supreme Court limiting the president’s recess appointment powers represents a “significant victory for the separation of powers.”
In a decision today, the high court concluded that President Obama exceeded his authority when he invoked the Constitution’s provision on recess appointments to fill slots on the National Labor Relations Board (NLRB) in 2012.
“This decision represents a significant victory for the separation of powers and a substantial win for House Speaker John Boehner, who we represented in this case,” said Jay Sekulow, Chief Counsel of the ACLJ. “The court made it clear that it is up to Congress to set its own rules – when it is in session and when it is not. By declaring the President Obama’s appointments to the NLRB invalid, the court sent a powerful message to the executive branch: the president just doesn’t get to make up the rules when it comes to the operations of Congress.”
Sekulow added: “The Court has properly protected the constitutional prerogative of the Legislative Branch to provide advice and consent on presidential nominations. It has also provided a very clear and critical acknowledgement that a recess of less than three days is not sufficient for the president to bypass the Senate. This is extraordinarily significant, because it affirms the right of the House of Representatives and the Speaker of the House to determine – in tandem with the Senate – when such a recess occurs. If the House does not approve an adjournment resolution, no sufficient recess will occur, and the president will not be permitted to make ‘recess appointments’.”
The ACLJ’s amicus brief, posted here, was filed on behalf of House Speaker John Boehner.