Lee Praises D.C. Circuit Ruling on President Obama’s Unconstitutional “Recess” Appointments
January 25, 2013
WASHINGTON – Today, Senator Mike Lee released the following statement regarding the opinion issued by the U.S. Court of Appeals for the D.C. Circuit holding that President Obama’s January 2012 appointments to the National Labor Relations Board are unconstitutional and invalid.
“I am pleased that after careful review a federal court of appeals concluded that President Obama’s so-called ‘recess’ appointments were indeed unconstitutional,” said Lee. “When President Obama bypassed the Senate and unilaterally made key appointments at a time the Senate considered itself in session, he ignored the plain text of the Constitution and endangered the checks and balances essential to our nation’s system of government accountability. As the D.C. Circuit rightly concluded, ‘Allowing the President to define the scope of his own appointments power would eviscerate the Constitution’s separation of powers.’
“Over the course of the last year, I have spoken out against these unprecedented and unconstitutional actions in numerous settings, including in meetings of the Senate Judiciary Committee, on the floor of the U.S. Senate, in a hearing before the House Committee on Oversight and Government Reform, and in countless interviews in the press. In protest of these unconstitutional appointments, I voted against President Obama’s judicial and executive appointments. Today’s decision represents vindication of the principled stand I have taken against this President’s disregard of our nation’s Constitution.
“The court’s ruling today is a sober reminder of how far detached this administration has become from our constitutional heritage and the rule of law. By failing to follow the Constitution’s specified procedure for appointing executive officials, the President has created chaos and confusion for the business community, which has been left uncertain as to the validity of the many rules and regulations promulgated by officers that were not appointed according to the Constitution’s requirements.”
“I am pleased that after careful review a federal court of appeals concluded that President Obama’s so-called ‘recess’ appointments were indeed unconstitutional,” said Lee. “When President Obama bypassed the Senate and unilaterally made key appointments at a time the Senate considered itself in session, he ignored the plain text of the Constitution and endangered the checks and balances essential to our nation’s system of government accountability. As the D.C. Circuit rightly concluded, ‘Allowing the President to define the scope of his own appointments power would eviscerate the Constitution’s separation of powers.’
“Over the course of the last year, I have spoken out against these unprecedented and unconstitutional actions in numerous settings, including in meetings of the Senate Judiciary Committee, on the floor of the U.S. Senate, in a hearing before the House Committee on Oversight and Government Reform, and in countless interviews in the press. In protest of these unconstitutional appointments, I voted against President Obama’s judicial and executive appointments. Today’s decision represents vindication of the principled stand I have taken against this President’s disregard of our nation’s Constitution.
“The court’s ruling today is a sober reminder of how far detached this administration has become from our constitutional heritage and the rule of law. By failing to follow the Constitution’s specified procedure for appointing executive officials, the President has created chaos and confusion for the business community, which has been left uncertain as to the validity of the many rules and regulations promulgated by officers that were not appointed according to the Constitution’s requirements.”
