Are the Recent Recess Appointments Constitutional? 3-5-12




Federalist Society Practice Groups Podcasts show

Summary: Recently, President Obama recess-appointed three new members to the National Labor Relations Board, and a new chief of the Consumer Financial Protection Bureau created by the Dodd-Frank bill. In making the appointments, the President bypassed the usual approval process for the nominations in the Senate, claiming authority to make recess appointments. Commentators and academics differ in their opinions about the constitutionality of the President's appointments during the Senate's pro forma sessions. After describing just what transpired, our expert panelists offered their views and took questions from the audience. Featuring: The Honorable Charles J. Cooper of Cooper & Kirk, PLLC; Prof. Michael B. Rappaport of the University of San Diego School of Law; Prof. Peter M. Shane of The Ohio State University Moritz College of Law; and Prof. William R. Yeomans of American University Washington College of Law.