WASHINGTON: A majority of the justices of the US Supreme Court signalled a willingness yesterday to deliver a blow to President Barack Obama’s ability to fill senior government posts without Senate approval, raising the possibility of a shift in the balance of power between the White House and Congress.
Most of the nine justices expressed scepticism about so-called recess appointments made by Obama to the National Labor Relations Board (NLRB) in 2012, although it was not clear how broadly the court would rule.
A decision was expected by late June in the case in which soda bottler Noel Canning Corp is contesting an NLRB ruling against it, with a win for the Yakima, Washington-based company likely in its challenge to the recess appointments’ validity.
At issue is the president’s ability to make appointments while the Senate is in recess and what exactly constitutes a recess. The Supreme Court could decide the Noel Canning case in various ways, but even a narrow ruling against the government could be bad news for Obama in the last two years of his term.
The Senate is presently controlled by the Democrats, but Republicans could win control in November’s elections. That would give them the power to reject Obama appointments outright, but also give them more sway over when to declare recesses.
Obama used his recess appointment power to name three members to the five-member NLRB in January 2012. Presidents of both parties have made many such appointments of officials who otherwise would have had difficulty winning Senate confirmation.
Republicans and business interests have long been eager to prevent Democratic presidents from appointing pro-labour members to the board.
REUTERS
