Monday, February 6, 2012

Republican Senators to Oppose Recess Appointments as Friends of Court

A group of 39 Republican Senators said on Friday that they would file an amicus brief in a court case challenging President Obama's recent recess appointments to the Consumer Financial Protection Bureau and the National Labor Relations Board.  

We posted most recently on the ongoing litigation brought by the National Right to Work Legal Defense and Education Foundation and the National Federation of Independent Business against the NLRB.  The plaintiffs in that case most recently filed a motion to amend their complaint to include a charge that President Obama's recess appointments to the NLRB were unconstitutional, and therefore that the NLRB didn't have sufficient sitting members to enforce its new rules.  It's not clear if the Republicans seek to weigh in on this case, though: It involves only the NLRB, not the CFPB.

Senator John Cornyn (R-TX) released this statement on Friday:

American democracy was born out of a rejection of the monarchies of Western Europe, anchored by limited government and separation of powers.  We refuse to stand by as this President arrogantly casts aside our Constitution and defies the will of the American people under the election-year guise of defending them.

Here's the statement from the Republican Senators:

We the undersigned believe that President Obama's January 4, 2012 recess appointments of individuals to lead the Consumer Financial Protection Bureau and National Labor Relations Board were unprecedented and unconstitutional.  We intend to jointly file an amicus brief challenging the constitutionality of President Obama's appointments to the National Labor Relations Board and Consumer Protection Financial Bureau.


Appointment and Removal Powers, Cases and Case Materials, Executive Authority, News, Separation of Powers | Permalink

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