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Thursday, June 26, 2014

SC Rules on Recess Appointments

The Supreme Court sided with Congress today in the high-stakes power struggle over presidential recess appointments. 

The unanimous ruling by the court against the Obama administration could invalidate hundreds of decisions by the National Labor Relations Board -- the federal agency at the center of this legal fight.

At issue is whether three people named by President Barack Obama to the NLRB were ineligible to serve because their appointments were made while the Senate was technically in a "pro forma" session during the 2011-12 winter holiday break.

The Constitution allows a President to fill temporary appointments during a recess, without congressional approval. But more recently, lawmakers have sought to thwart certain appointments by never technically shutting down the Senate.

The closely watched constitutional and political confrontation over the practice has accelerated due to partisan gridlock in Congress.

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