Posted on February 5, 2013



The Justice Department needs to challenge quickly a federal appeals court ruling on presidential recess appointments, because the decision threatens to elevate gridlock in the nation’s capital.

The blocking of recess appointments coupled with the one vote in the Senate stops any bill being brought to vote because the senator invites a filibuster,  gridlock will continue.

Our support of recess appointments is not unique to the Obama administration. For example, presidents for the past 200 years have used this appointment method to overcome nomination blocks in the Senate.

A three-judge panel for the U.S. Court of Appeals for the District of Columbia has ruled in a lawsuit by a Pepsi-Cola bottler from Washingon State that President Obama overstepped his authority when he appointed three members to the National Labor Relations Board last January.

The decision pivoted in part on the fact that the Senate claimed it wasn’t in recess at all when Obama acted but in “pro forma” session. That’s when a senator gavels a virtually empty chamber to order ever few days and close without transacting any business.

It’s one thing if the Senate acts speedily upon presidential nominations. But it doesn’t matter who is president, appointments are stymied in the Senate.

We hope that the seven member U.S. Court of Appeals rules against the three-judge Republican appointees. Otherwise the Justice Department will go to the U.S. Supreme Court for the decision.

We hope the courts will overturn the present ruling.

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