GOP Taking Legal Action Against Obama Recess Appointments

Wednesday, 18 Apr 2012 12:45 PM

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Senate Republicans have hired a lawyer to file legal arguments in a case challenging the constitutionality of recess appointments made by President Barack Obama. The case was brought by a Washington state businessman challenging a ruling by National Labor Relations Board, which had three recess appointments, The Washington Post’s 2 Chambers blog reported.

Senate Minority Leader Mitch McConnell, R-Ky., said attorney Miguel Estrada will file an amicus brief in the case.

“We had been looking for what we think is the best case. Obviously, we’re also interested in Miguel Estrada’s view as well about what was the best case,” McConnell said according to the Post. “We think it’s the appropriate case, the best case to do that. And I thought that Miguel’s own experience with the confirmation process, that it might make particularly good sense for him to represent us in this particular undertaking.”

Obama made the recess appointments when the Senate was in pro-forma session, arguing the meetings were not legitimate sessions that could block such appointments. McConnell said filing “will demonstrate to the Court how the President’s unconstitutional actions fundamentally endanger the Congress’s role in providing a check on the excesses of the executive branch,” the Post reported.

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