Saturday, April 19, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Court could limit president’s recess appointments

By
January 14, 2014 | Leave Comment

WASHINGTON — Just back from their own long break, Supreme Court justices set out Monday to resolve a politically charged fight over when the Senate’s absence gives the president the power to make temporary appointments to high-level positions without senators’ approval.

The legal battle is the outgrowth of partisan rancor over presidential appointees that has characterized Washington over the past 20 years, and especially since President Barack Obama took office in 2009.

Recess appointments have divided Democrats and Republicans, with views changing depending on which party holds the White House. But during more than 90 minutes of arguments Monday, the Obama administration was hard pressed to find support for its stand in favor of recess appointments from justices named by Republicans and Democrats alike – including Obama.

Justice Elena Kagan, an Obama nominee, seized on the political dispute to make the point to Solicitor General Donald Verrilli Jr. that “congressional intransigence” to Obama nominees may not be enough to win the court fight.

Kagan, Verrilli’s predecessor as Obama’s top Supreme Court lawyer, suggested that it “is the Senate’s role to determine whether they’re in recess.”

The court is writing on a blank slate as it considers for the first time the Constitution’s recess appointments clause. That clause allows the president to fill vacancies temporarily, but only when the Senate is in recess.

The constitutional issue may be new to the court, but two justices lived through the political tussle over nominations. Both Chief Justice John Roberts and Kagan were nominated to the federal appeals court in Washington, but saw their nominations blocked in the Senate. Roberts eventually won confirmation, but Kagan did not. And one of the lawyers involved in Monday’s case withdrew his nomination to the same court.

The Senate has “an absolute right not to confirm nominees that the President submits,” Roberts said.

The administration was “latching onto” the constitutional provision to combat the Senate’s refusal to act, even though it was written to deal with an era when horseback was the fastest mode of transportation and Congress was absent from Washington for long periods, Roberts said.

Even Justice Ruth Bader Ginsburg, perhaps Verrilli’s most sympathetic questioner, said at one point, “I think to be candid, the Senate is always available. They can be called back on very short notice.”

Monday’s case, the first argument at the court in more than a month, is a dispute over Obama’s appointments to the National Labor Relations Board in January 2012. Republicans and employers who objected to NLRB decisions made by those Obama appointees say the Senate was not in recess when Obama acted, and so any decisions made by the board were illegitimate.

There are three questions before the court — whether recess appointments can be made only during the once-a-year break between sessions of Congress, whether the vacancy must occur while the Senate is away in order to be filled during the same break and whether brief, pro forma sessions of the Senate, held every few days to break up a longer Senate hiatus, can prevent the president from making recess appointments.

The latter question offers the court a narrower way to rule on recess appointments.

Verrilli seemed to signal he would rather lose on that question than the first two. But under any circumstance he said, “You really are writing the recess appointments power out of the Constitution,” he said.

The importance of recess appointments has dimmed in recent months, since majority Democrats changed the Senate’s rules to make it harder for the minority party to block the president’s nominees to federal agencies and the courts.

But the issue could once again be front and center when the White House and Senate are controlled by different parties.

Senate Republicans’ refusal to allow votes for nominees to the NLRB and the new Consumer Financial Protection Bureau led Obama to make the temporary, or recess, appointments in January 2012.

Three federal appeals courts have said Obama overstepped his authority because the Senate was not in recess when he acted. The Supreme Court case involves a dispute between a Washington state bottling company and a local Teamsters union in which the NLRB sided with the union. The U.S. Circuit Court of Appeals for the District of Columbia overturned the board’s ruling, and hundreds more NLRB rulings could be voided if the Supreme Court upholds the appeals court decision.

Three federal appeals courts have upheld recess appointments in previous administrations.

Washington lawyer Miguel Estrada represented Senate Republicans on Monday. Estrada withdrew his appeals court nomination in 2003, after Senate Democrats used the rules that recently were changed to repeatedly prevent a vote on the Senate floor.

With seemingly no trace of irony in his voice, Estrada said the Constitution erected a political structure that requires the branches of government to cooperate. “You have to act jointly. You have to play nice,” he said. “And in a country of 300 million people, it’s always possible for the president to come up with another nominee who is even more qualified and acceptable to the Senate.”

A decision is expected by late June.

The case is National Labor Relations Board v. Noel Canning, 12-1281.

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

Solano News

 
Transplant recipients talk about their best gifts

By Amy Maginnis-Honey | From Page: A1 | Gallery

Solano unemployment inches downward

By Barry Eberling | From Page: A1, 2 Comments

 
 
Spering, Bertani spar over fighting crime

By Ryan McCarthy | From Page: A3, 18 Comments | Gallery

 
Fairfield council candidates weigh in on crime

By Ryan McCarthy | From Page: A3, 3 Comments | Gallery

Police release name of woman found dead in Fairfield canal

By Ryan McCarthy | From Page: A3 | Gallery

 
Five homes featured on Symphony Home Tour

By Amy Maginnis-Honey | From Page: A4

 
Congregation invites public to Easter music, message

By Amy Maginnis-Honey | From Page: A4

 
 
Local woman helps spread Easter joy

By Amy Maginnis-Honey | From Page: B12 | Gallery

Weather for April 19, 2014

By Daily Republic | From Page: B13

 
.

US / World

California farmers to get more water

By The Associated Press | From Page: A1

 
Teen sentenced in Oakland toddler’s killing

By The Associated Press | From Page: A4

More Latino than white students admitted to UC

By The Associated Press | From Page: A4, 3 Comments

 
Mom and son who died in San Francisco fire ID’d

By The Associated Press | From Page: A5

3 alleged gang members convicted of murder

By The Associated Press | From Page: A5

 
Health care site flagged in Heartbleed review

By The Associated Press | From Page: A5

From Clinton to Obama, many parallels

By The Associated Press | From Page: A5, 1 Comment

 
Study: Half of jailed NYC youths have brain injury

By The Associated Press | From Page: A5, 1 Comment

PG&E to be arraigned in fatal pipeline blast

By The Associated Press | From Page: A5, 1 Comment

 
Easter on 4/20, pot holy day; pastors reach out

By The Associated Press | From Page: A8, 2 Comments

Colorado deaths stoke worries about pot edibles

By The Associated Press | From Page: A8, 1 Comment

 
NASA’s moon-orbiting robot crashes down as planned

By The Associated Press | From Page: A8

Atheist national conference aims at Mormon church

By The Associated Press | From Page: A8, 3 Comments

 
Sudden movement raises alarm in Wyoming slide area

By The Associated Press | From Page: A9

Some countries get Obama, but want his wife, too

By The Associated Press | From Page: A9, 1 Comment

 
Man who avoided prison is overwhelmed by support

By The Associated Press | From Page: A9

Teen suspended for asking Miss America to prom

By The Associated Press | From Page: A9, 1 Comment

 
White House updating online privacy policy

By The Associated Press | From Page: A9

SpaceX making Easter delivery of station supplies

By The Associated Press | From Page: A9

 
In Egypt, a corruption watchdog hit by backlash

By The Associated Press | From Page: A12

Military scales down, modifies Guam buildup plan

By The Associated Press | From Page: A13

 
Captain of sunken SKorean ferry arrested

By The Associated Press | From Page: A13

Avalanche sweeps down Everest, killing at least 12

By The Associated Press | From Page: A13

 
Diplomacy doesn’t move insurgents in Ukraine

By The Associated Press | From Page: A14

Magnitude-7.2 earthquake shakes Mexican capital

By The Associated Press | From Page: A14

 
57-nation OSCE plays key Ukraine monitoring role

By The Associated Press | From Page: A14

Ukraine crisis: The turning points

By The Associated Press | From Page: A14

 
.

Opinion

 
Editorial Cartoons for April 19, 2014

By Daily Republic Syndicated Content | From Page: A11

 
Here we go again in Sacramento

By Letter to the Editor | From Page: A11, 9 Comments

Cheers, jeers for the week of April 13-19, 2014

By Daily Republic | From Page: A11

 
.

Living

Today in History for April 19, 2014

By The Associated Press | From Page: A2

 
Community Calendar: April 19, 2014

By Susan Hiland | From Page: A2

Seniors, it’s never too late to do something about your health

By Kathy Mitchell and Marcy Sugar | From Page: B7

 
Horoscopes for April 19, 2014

By Holiday Mathis | From Page: B7

.

Entertainment

TVGrid

By Daily Republic Syndicated Content | From Page: B10

 
Prince reaches agreement with music label

By The Associated Press | From Page: B14

‘The Boondocks’ back for final ‘offensive’ season

By The Associated Press | From Page: B14

 
A nutty finale for ‘Scandal,’ TV’s craziest show

By The Associated Press | From Page: B14

Stratocaster still a favorite at 60

By The Associated Press | From Page: B14

 
.

Sports

Big innings lift Mustangs over Indians

By Paul Farmer | From Page: B1 | Gallery

 
Ross, Padres beat Cain and Giants 2-1

By The Associated Press | From Page: B1 | Gallery

A’s come out swinging to beat Astros 11-3

By The Associated Press | From Page: B1

 
Warriors to start O’Neal for Bogut vs. Clippers

By The Associated Press | From Page: B1

Hertl has impressive playoff debut for Sharks

By The Associated Press | From Page: B1

 
Warriors and Clippers take dislike to playoffs

By The Associated Press | From Page: B1

TNT’s Sager to miss NBA playoffs due to leukemia

By The Associated Press | From Page: B2

 
Nadal ousted by Ferrer in Monte Carlo quarters

By The Associated Press | From Page: B2 | Gallery

A’s lefty reliever Doolittle gets 5-year deal

By The Associated Press | From Page: B2, 1 Comment | Gallery

 
’40-and-up club’: Ageless Hopkins after more belts

By The Associated Press | From Page: B2

Jimenez shoots 65 to lead Greater Gwinnett field

By The Associated Press | From Page: B2

 
Solano scores in ninth for 2-1 BVC baseball win over Yuba

By Daily Republic staff | From Page: B2

Choi leads rain-delayed RBC Heritage

By The Associated Press | From Page: B2 | Gallery

 
NBA’s Silver wants age limit change, no rush on others

By The Associated Press | From Page: B2

NBA playoffs looking more wide-open than expected

By The Associated Press | From Page: B2

 
Source: Grizzlies’ G Calathes suspended for 20 games

By The Associated Press | From Page: B2

Avalanche sweeps down Everest, killing at least 12

By The Associated Press | From Page: B2

 
Mets trade 1B Ike Davis to Pirates

By The Associated Press | From Page: B2

.

Business

Judge says American can’t end retiree benefits yet

By The Associated Press | From Page: B10

 
Mazda recalls 109,000 older SUVs for rust problem

By The Associated Press | From Page: B10

5 features an Amazon phone might offer

By The Associated Press | From Page: B10

 
.

Obituaries

.

Comics

Sally Forth

By Daily Republic Syndicated Content | From Page: B6

 
For Better or Worse

By Daily Republic Syndicated Content | From Page: B6

Beetle Bailey

By Daily Republic Syndicated Content | From Page: B6

 
Rose is Rose

By Daily Republic Syndicated Content | From Page: B6

B.C.

By Daily Republic Syndicated Content | From Page: B6

 
Baby Blues

By Daily Republic Syndicated Content | From Page: B6

Pickles

By Daily Republic Syndicated Content | From Page: B6

 
Baldo

By Daily Republic Syndicated Content | From Page: B6

Blondie

By Daily Republic Syndicated Content | From Page: B6

 
Dilbert

By Daily Republic Syndicated Content | From Page: B6

Wizard of Id

By Daily Republic Syndicated Content | From Page: B6

 
Zits

By Daily Republic Syndicated Content | From Page: B6

Garfield

By Daily Republic Syndicated Content | From Page: B6

 
Frank and Ernest

By Daily Republic Syndicated Content | From Page: B6

Get Fuzzy

By Daily Republic Syndicated Content | From Page: B6

 
Peanuts

By Daily Republic Syndicated Content | From Page: B6

Word Sleuth

By Daily Republic Syndicated Content | From Page: B7

 
Sudoku

By Daily Republic Syndicated Content | From Page: B7

Bridge

By Daily Republic Syndicated Content | From Page: B7

 
Cryptoquote

By Daily Republic Syndicated Content | From Page: B7

Crossword

By Daily Republic Syndicated Content | From Page: B7

 
.

Home Seller 04/19/14

Summerwood features 8 new homes in Suisun

By Daily Republic | From Page: HSR2

Average US 30-year mortgage rate falls to 4.27 percent

By The Associated Press | From Page: HSR3

Real estate transactions for April 19, 2014

By Daily Republic | From Page: HSR3