ST. LOUIS (KMOX/AP) – U.S. Sen. Roy Blunt (R-MO) applauded a federal appeals court ruling today which states President Obama violated the Constitution when he made recess appointments last year.
The three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said Obama did not have the power to make three recess appointments to the National Labor Relations Board because the Senate was officially in session — and not in recess — at the time. If the decision stands, it could invalidate hundreds of board decisions made over the past year.
The court said the president could only fill vacancies with the recess appointment procedure if the openings arise when the Senate is in an official recess, which it defined as the once-a-year break between sessions of Congress.
“The Senate decides when the Senate is in session – not President Obama,” Blunt said in a statement. “By using this recess appointment to circumvent Congress, the president attempted to circumvent the U.S. Senate’s constitutional responsibilities. I’m pleased the court has upheld the separation of powers.”
Blunt and 41 other senators filed an amicus brief last September in response to the appointments.
The White House had no immediate comment but is expected to appeal the decision. The same issue is currently before several other federal appeals courts.