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Oct 10

Recess Is Over: Playing Around with Presidential Appointments


Recess is over, but the President has been playing around with the Recess Appointments Clause. Earlier this year, President Obama’s alleged recess appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau came under fire. The problem? The Senate was not in recess at the time of the appointments. Three federal appellate courts have struck down various recess appointments as unconstitutional, and the Supreme Court has agreed to hear National Labor Relations Board v. Noel Canning this term.

In light of these controversial appointments, we are left with many questions. What is the role of the Senate when it comes to recess appointments? How did our Founding Fathers intend for the recess appointment power to be used? Can the Senate block the President from making recess appointments through the use of pro forma sessions? How might the justices rule in the Noel Canning case? Please join us as our panel of experts explores these issues.

More About the Speakers

Keynote Address by
The Honorable Mike Lee (R-UT)
United States Senator

Followed by a Panel Discussion with
John Yoo
Professor of Law, University of California, Berkeley School of Law

Michael Stern
Director, Point of Order

Hosted By

Elizabeth Slattery Elizabeth Slattery

Legal Fellow Read More