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Thursday, January 12, 2012
Law - Still more on "Obama Tempts Fight Over Recess Appointments"
Updating this entry from Jan. 7, 2012, the Justice department has released its 23-page, Jan. 6, 2012 "Memorandum opinion for the Counsel to the President,' entitled "Lawfulness of recess appointments during a recess of the Senate notwithstanding periodic pro forma sessions." The short version:
The convening of periodic pro forma sessions in which no business is to be conducted does not have the legal effect of interrupting an intrasession recess otherwise long enough to qualify as a “Recess of the Senate” under the Recess Appointments Clause. In this context, the President therefore has discretion to conclude that the Senate is unavailable to perform its advise-and-consent function and to exercise his power to make recess appointments.The conclusion:
In our judgment, the text of the Constitution and precedent and practice thereunder support the conclusion that the convening of periodic pro forma sessions in which no business is to be conducted does not have the legal effect of interrupting an intrasession recess otherwise long enough to qualify as a “Recess of the Senate” under the Recess Appointments Clause. In this context, the President therefore has discretion to conclude that the Senate is unavailable to perform its advise-and-consent function and to exercise his power to make recess appointments.[More] The NY Times has just now posted this story by Charles Savage, headed "Memo Defends Obama on Recess Appointments."
[Updated 1/13/12] Here is the updated version of Savage's story.
Posted by Marcia Oddi on January 12, 2012 01:11 PM
Posted to General Law Related