A federal appeals court today expressed strong reservations about Obama’s non-recess recess appointments in January.

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A federal appeals court today expressed strong doubts about Obama’s non-recess recess appointments in January.

How dare they question our savior and lord Obama? What does it matter he wasn’t following the Constitution when he made his appointments when the Senate was not in recess? He has to get things done, no matter what the law is.



  • Jim

    Quite honestly, this is just further proof of the state of dysfunction in the US Senate, and the article tells us that. Here is one quote:

    “Mr. Obama’s move, though, appeared to break new ground by acting at a time when the Senate was meeting every third day, SPECIFICALLY TO DENY him the chance to make appointments.”

    The current number of judicial vacancies is a scandal, and just means that our judicial process is grinding toward a halt. There are currently 83 judicial appointments still open (there were 55 when Obama TOOK office). Obama has been able to get 160 appointments passed in his first 4 years, Clinton had 200 passed in the same time frame and Bush had 205. Obama has been able to get 75% of his nominees passed, while Bush was able to get 89% of his passed. This is a gimmick to prevent Presidential appointments (one first initiated by Democrats, by the way), and since the dawn of the Republic each President tries to find a way around it. Even the author of the article says this:

    “If they (the court) end up ruling that broadly (the whole recess appointment issue), it would mark a major break with decades of accepted practice and conceivably would call into question scores of government decisions made by officials appointed under recess powers.”

    Neither party would want that. Whatever gimmick the Republicans use to block judicial appointments and is ruled favorably, the Democrats will also use. And the Senate will be proved even more useless than it already is. The 7th Circuit Court basically laughed off Mitch McConnell’s assertion that lunch could be considered a recess. As one of the judges said:

    “’Why drag us into it?’” Judge Griffith asked the plaintiffs, hinting that the court could duck the entire issue, calling it a political controversy between two equal branches of government that should be solved by the political system.”

    My prediction: this goes nowhere.

  • Jim

    Not sure if you saw it, but today was a first in the history of Congress. Mitch McConnell actually introduced a bill, and then filibusted his own bill. The Republicans really have taken this whole thing too far…now they are confused.

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