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Joseph64 Wrote: Dec 06, 2012 6:52 AM
Recess appointments are legal IF the Senate is not in session. Pro Forma means the Senate is actually in session so recess appointments CANNOT be made.
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Lars795 Wrote: Dec 05, 2012 9:54 PM
The difference is when they made those appointments, was Congress officially in recess at the time, or taking a potty break as Obama likes to call being in recess?
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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...
Court to Obama: Not So Sure About Your Recess Appointments