SCOTUS Rules Against Obama Recess Appointments & Abortion Protest 'Buffer Zones'
Jay Sekulow reacted this morning on America's Newsroom after the Supreme Court unanimously ruled that President Obama exceeded his authority with his recess appointments to the National Labor Relations Board.
Here's more from FoxNews.com:
It was the first-ever Supreme Court test involving the long-standing practice of presidents naming appointees when the Senate is on break.
In this case, Obama had argued that the Senate was on an extended holiday break when he filled slots at the NLRB in 2012. He argued the brief sessions it held every three days were a sham that was intended to prevent him from filling the seats.
The justices rejected that argument, though, declaring the Senate was not actually in a formal recess when Obama acted during that three-day window.
Justice Stephen Breyer said in his majority opinion that a congressional break has to last at least 10 days to be considered a recess under the Constitution.
"Three days is too short a time to bring a recess within the scope of the Clause. Thus we conclude that the President lacked the power to make the recess appointments here at issue," Breyer wrote.
At the same time, the court upheld the general authority of the president to make recess appointments.
Sekulow, who represented Speaker Boehner in the case, called it a "significant victory for the separation of powers." Sekulow explained that Congress was not actually in recess when the appointments were made, and therefore the appointees are invalid.
He also said any decisions made since then by the NLRB will be "null and void."
In another ruling, the court unanimously sided against a Massachusetts law that had banned protests within 35 feet of an abortion clinic's entrance and walkways. The justices said the "buffer zones" are a violation of free speech.
Watch Shannon Bream's report on that decision below: