The justices found that President Obama acted improperly in making recess appointments to the National Labor Relations Board at a time when the Senate was in session.
A president acting decisively in this manner, such as making appointments during a crisis when senators were out of town, was more of factor when travel was not so easy. In this case, the Senate was in session and the appointments in question were controversial nominees who likely would not pass Senate muster had a vote even been scheduled.
Project 21 members are speaking out about the Canning decision and what this means and says about the Obama Administration method of governing.
Project 21 co-chairman Horace Cooper, a legal commentator who taught constitutional law at George Mason University and is a former leadership staff member for the U.S. House of Representatives, lays a lot of the blame for the circumstances that brought the justices wrath upon this executive branch overreach on Attorney General Eric Holder, the Obama Administration’s chief legal officer.
The Supreme Court’s unanimous ruling makes clear that President Obama should never have attempted these appointments to the NLRB.
This is yet another loss based on ill-considered legal reasoning.
The Obama Administration has been ill-served by the Justice Department and Attorney General Eric Holder. Recommending to the President that he has authority he clearly lacks created unnecessary conflict and will result in a host of challenges to the activities of the NLRB.
An Attorney General committed to the Constitution more than to his political party would never have let this happen.
Project 21 Deroy Murdock, a syndicated columnist and Fox News Channel contributor applauded this limit on Obama’s quest for increased and unbalanced executive power:
Today’s unanimous Supreme Court decision in the NLRB v. Canning case is a major and much-welcome rebuke to Obama’s “go-around Congress” approach to governing.
As he grows more dictatorial by the day — using his “pen and a phone” to issue decrees and re-write ObamaCare and other legislation at his whim — the Supreme Court has put our Dear Leader back in his place.
While Obama may not like it, the federal government is composed of three separate and co-equal branches of government. Obama should learn from this humiliating defeat, stop behaving like a Third World despot and cooperate with Congress when he hopes to change public policy or appoint federal officials.