This decision is an outlier based on past usage of recess appointments.
If this stands on it’s own or stands after Scotus then it hurts both parties equally. And based on my own particular sense of crazy…I think the GOP loses big time. Even though my thought is ‘the great compromise of 2013’, that doesn’t mean that there won’t be challenges from the Tea Party wing.
This decision favors moderation and compromise. It doesn’t eliminate the differences between the parties…it just makes the choices they make less extreme otherwise it’s back to gridlock.
An expansive Friday decision by a three-judge D.C. Circuit Court of Appeals panel threatens to cripple two government agencies and significantly limit the president’s power to bypass the Senate confirmation process by making recess appointments.
If ultimately upheld by the Supreme Court, the opinion in a case involving the National Labor Relations Board will also strengthen the Senate minority’s incentive to block top-level presidential appointments — and empower a controversial GOP strategy of nullifying certain executive branch agencies by refusing to allow their designated leaders to be confirmed.
Three judges — David Santelle, a Reagan appointee; Karen Henderson, another Reagan appointee elevated to the circuit court by George H.W. Bush; and Thomas Griffith, a George W. Bush appointee — ruled that President Obama’s three recess appointments to the National Labor Relations Board in January 2012 exceeded his constitutional recess appointment power.
Prior to those three recess appointees, the five-member NLRB lacked the three member quorum required by law to act. If the Supreme Court upholds the appeals court’s opinion, which is in stated conflict with a 2004 11th Circuit opinion, it could void a year’s worth of NLRB decisions issued by an illegitimate quorum. It would also effectively render the board powerless until the Senate confirms a sufficient number of new members.