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Court to Obama: Not So Sure About Your Recess Appointments

John5507 Wrote: Dec 05, 2012 11:53 PM
No, it's not hard to see how this is going to "pan out". The appointments will stand. Going in a banging a gavel once a day does NOT put anything "in session" when noone is there.
Joseph64 Wrote: Dec 06, 2012 6:49 AM
The Democrats invented the pro forma session. As long as one person is there, the rest can be called back to vote. Obama did not even give the Senate that opportunity.

Back in January, President Obama made a controversial recess appointment while the Senate was in a pro forma session, and named Richard Cordray as head of the Consumer Finance Protection Bureau. While the Senate wasn't holding meetings, it also wasn't technically adjourned, and thus many Republicans took issue with the president's initiative. They sued the Obama administration in response, and today, that case came before the U.S. Court of Appeals.

Interestingly, the bench expressed skepticism not only of the particular appointment in question, but of the practice of recess appointments generally, arguing that unless Congress has adjourned...