Judge Nap Weighs In on SCOTUS Ruling, Boehner Lawsuit Against Obama
Judge Andrew Napolitano weighed in this morning after the Supreme Court unanimously ruled that President Obama exceeded his authority with his recess appointments to the National Labor Relations Board. 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 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. They did, however, uphold the right of the president to make recess appointments.
"The Constitution says if a vacancy happens, h-a-p-p-e-n-s, during such a recess, the president may fill it on his own. This president waited until the senators went home one night and then suddenly announced, 'these are my appointees. I'm not even gonna let you vote on it,'" the judge said.
Since the illegal appointments, the five-member NLRB has made 1,800 decisions and the judge says "theoretically" none are valid. They will only be invalidated, though, if they are each challenged.
If those challenges come, Napolitano said they will probably be decided the same way, but at a new cost of millions of dollars to taxpayers.
Meantime, on Speaker Boehner's lawsuit against the president for his use of executive orders, the judge said he's not sure how the case will play out, but "it will cause the president to justify, through his lawyers, behavior that on its face is unconstitutional."