This administration may have made one of the dumbest decisions in the history of the U.S. Presidency.  Many Presidents have made important appointments while the Senate was in recess, in order to by-pass opposition.  George W. Bush appointed John Bolton to be Ambassador to the UN under a recess appointment.

But Obama brought this to a new level.  He pushed through recess appointments when the Senate was technically still in session.  He decided that if he didn’t feel the Senate was in session, it wasn’t.   How incredibly arrogant.  Obama felt that he alone could decide how the Senate was going to operate.

The Supreme Court is hearing arguments regarding the ability of any President to make recess appointments and the results are likely to be a severe limitation on Presidential power.

Here is what the constitution says:

“The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

The D.C. Circuit court said that a President can only make a recess appointment if the Senate is in recess and the vacancy occurred during the recess. 

It is always risky to predict Supreme Court decisions, but in this case even Obama appointees appear to be skeptical of the administration’s logic.  Justice Elena Kagan, appointed by Obama, said the following:

When it comes to deciding when the Senate is in recess, “the history is entirely on the Senate’s side, not your side.”

Justice Stephen G. Breyer said:

I can’t find anything that says the purpose of this clause has anything to do with political fights between Congress and the president.”

Even Justice Ruth Bader Ginsburg added the following:

“The Senate – I think to be candid – – the Senate is always available.  They can be called back on very short notice.”

Based on these comments it is quite possible the Supreme Court is going to rule that the constitution means what it says.  If they do that, it will be a devastating blow for a president who has ignored the Constitution on a regular basis.  It will be a slap shot to the face of this administration.  This won’t stop with recess appointments.

TDM