HOME > NEWSROOM > ARTICLES > Supreme Court Takes Up Nominations Battle

Supreme Court Takes Up Nominations Battle

The Supreme Court will enter the fray of a power struggle between the Executive and Legislative Branches. On Monday, the Justices announced that they would hear a high stakes case regarding Presidential appointments that are subject to Senate confirmation. Specifically at issue is the power of the President to “recess appoint” officials. 

In January 2012, President Obama defied the Senate by appointing Richard Cordray as director of the Consumer Financial Protection Bureau, as well as three new Board Members of the National Labor Relations Board (NLRB). While Presidents may “recess appoint” officials when Congress is out of session, Senate Republicans noted that the Senate was not technically in recess and cried foul. Senator Chuck Grassley (R-IA), the top Republican on the Senate Judiciary Committee, was particularly angered by the President’s “outrageous actions” that he believed demonstrated a “monarchy mentality.” President Obama, however, believed Congress’ system is broken, and, in his 2012 State of the Union address, he declared: “Some of what’s broken has to do with the way Congress does its business these days. A simple majority is no longer enough to get anything -– even routine business –- passed through the Senate. Neither party has been blameless in these tactics. Now both parties should put an end to it.”

The Supreme Court has now granted a hearing to Noel Canning v. NLRB, in which a local Washington State soft drink company is challenging a NLRB ruling that it must enter into a collective bargaining agreement with a labor union. The authority of the NLRB Commissioners controversially appointed is at issue in the case. Senate Republicans have filed a brief in the case against the unilateral appointments. At the time of its filing, Senate Republican Leader Mitch McConnell (R-KY) declared, “The President’s decision to circumvent the American people by installing his appointees at a powerful federal agency, when the Senate was not in recess, and without obtaining the advice and consent of the Senate, is an unprecedented power grab. We 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.”

  • Find the Supreme Court action here.
  • Find additional coverage of this case.

By Aaron Mercer, Vice President of Government Relations

Published: June 28, 2013

Latest News

60,000 Shoebox Gifts Airlifted to Children Displaced by ISIS Militants in Northern Iraq

Samaritan’s Purse recently airlifted 60,000 Operation Christmas Child shoebox gifts to Northern Iraq, where displaced Iraqi kids have been stripped of their homes and most possessions.

Aaron Shust Partners with Radio Outlets for Holiday Promotions That Help People in Need

Dove-Award winning Aaron Shust is teaming with radio outlets across the country to help make Christmas a little more merry to those in need.

Christian Radio to Give Free College Tuition to Full Time Staff

Positive Alternative Radio (PAR) is providing its employees innovative new benefits that include access to higher education, time off for community service, and financial counseling.

CTVN Announces New Roku Channel

Cornerstone Network (CTVN) is now available on Roku TV and able to stream programming to viewers live and on demand.

Christmas Reflections in Washington

While end-of-year debates on government appropriations, military policy, tax provisions, judicial nominations, and other issues continue their rough road to resolution in this lame-duck session of Congress, Christmas is in the air in the nation’s capital.

FCC Rules Against Church on Closed Captioning

The FCC recently denied a church’s request for a waiver from closed captioning rules, shedding more light on the agency’s approach to determining what may truly be an “economically burdensome” situation.

Senator Promises a Bill Broader than ENDA

Senator Jeff Merkley (D-OR) announced this week that he intends to introduce legislation next year that will roll the controversial Employment Non-Discrimination Act (ENDA) into a broader...

White Paper Issued on Video Policy

Key leaders in the House Energy and Commerce Committee this week released a white paper on video policy as they continue their path toward a review and revamp the Communications Act.

NRB15 Worship Service on Wednesday, February 25, 2015; Open to the Public

The NRB Convention in 2015 will be a Monday-to-Thursday event rather than a Saturday-to-Tuesday event as in years before, but convention participants will still have an opportunity to worship together during the Wednesday evening worship service on February 25, 2015.

NRB to Host Regional Networking Event for Christian Film Pros, Jan. 10

Christian film professionals in the Baltimore, DC, and Richmond region are invited to attend a networking event next month at the NRB headquarters in Manassas, VA.

More News