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

Senate Democrats Try to Torpedo Hobby Lobby Ruling

Dr. Jerry A. Johnson, President & CEO of NRB, had some choice words for Planned Parenthood and others working to radically undermine religious liberty in the Senate this week.

Congressman Calls Out FCC on Broadcast Indecency Enforcement

Congressman James Lankford (R-OK) put the FCC on notice that he was displeased with the Commission’s enforcement against indecency on the broadcast airwaves.

House Committee Leaders Criticize FCC Chairman’s Process

Top leaders on the House panel with oversight of the FCC issued a sharp rebuke of the FCC Chairman’s leadership. House Communications and Technology Subcommittee...

International Religious Freedom Bill Clears Senate

A bill NRB has supported for several years has been approved unanimously by the U.S. Senate. The Near East and South Central Asia Religious Freedom Act (S.653), introduced by Senators Roy Blunt (R-MO) and Carl Levin (D-MI),

iNRB Student Members Study Abroad in Oxford, England

A select group of iNRB student members recently concluded a two-week study abroad trip to Oxford, England, where they engaged in “one on one” tutorials with a distinguished scholar at Jesus College in the heart of Oxford University.

NRB Members Invited to Join the NRB President’s Council

From among its membership, NRB is building up a select group of strategic partners who wish to bolster the work of the association through additional commitments of time, support, and financial resources.

Job Opening: Social Media Coordinator (Part-Time)

The National Religious Broadcasters, the world’s preeminent association of Christian communicators, is looking for an individual to assist the Director of Communications in implementing NRB’s social media strategy and in communicating NRB’s work to the association’s constituents and to the public.

Radio Stations Invited to ‘Reach Beyond’ with Help from Grants

Reach Beyond (formerly HCJB Global) is distributing grants to help fund the local and/or global “reach beyond” initiatives of several radio stations throughout the U.S.

Time to Submit Nominations for the 2015 NRB Media Awards!

NRB is currently accepting nominations for the 2015 Annual Media Awards and will be doing so until August 4, 2014. A long-standing hallmark of NRB, the awards program remains one of our most valued traditions.

NRB Lauds SCOTUS Ruling on Religious Freedom Cases of Hobby Lobby, Conestoga

NRB and many of its members were among those who lauded the United States Supreme Court’s ruling last week that upheld religious freedom for Hobby Lobby and Conestoga Wood Specialties in their “David-and-Goliath” struggle for freedom against the Executive Branch.

More News