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All nine justices reject recess appointments in Noel Canning case – The Washington Post

UPDATE: A few quick observations. First, the central holding of the opinion for the Court is that the Senate gets to determine when the Senate is in recess, provided the recess is of sufficient length. This is significant in that it gives Congress the ability to prevent recess appointments.

Second, none of the justices were willing to accept the position of the Obama Administration, which was unnecessarily extreme. In choosing the make the recess appointments in the way it did, such as by not following precedents set by prior administrations (including Teddy Roosevelt) and filling some Board spots that the Senate never had time to fill, the Administration adopted a stance that was very hard to defend, so it could not attract a single vote.

via All nine justices reject recess appointments in Noel Canning case – The Washington Post.

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