Jan. 9 – Constitutional Law Prof Blog
Professor Steven D. Schwinn authored blog post
President Obama’s recess appointments last week of Richard Cordray to head the Consumer Financial Protection Board and three new members of the National Labor Relations Board have come under fire for violating a 3-day rule. That is, opponents claim, the period between the Senate’s pro forma sessions this month and last is less than three days, and therefore is not a “recess” under the President’s recess appointment power. In short, they say, because the Senate is not in “recess,” the President lacks authority to appoint without Senate confirmation.
Read more: President Obama’s Recess Appointments
