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McConnell Statement on Administration's Decision to Appeal President's Unconstitutional NLRB "Recess' Appointments Ruling


Location: Washington, DC

U.S. Senate Republican Leader Mitch McConnell released the following statement today regarding the Obama administration's decision to appeal the ruling of the U.S. Court of Appeals for the D.C. Circuit, striking down the President's so-called "recess" appointments to the National Labor Relations Board as unconstitutional:

"Fifteen months ago, the President made an unprecedented power grab by placing political allies at a powerful federal agency without even trying to obtain the Senate's advice and consent. The U.S. Court of Appeals for the D.C. Circuit correctly struck down these unlawful, so-called appointments. The court noted that if the President's actions were allowed to stand, his power grab "would eviscerate the Constitution's separation of powers.'

"It's a shame that these unlawful appointees continue to exercise power, and I feel confident that the Supreme Court will not allow the President to dramatically increase the scope of his power to make recess appointments and avoid the Senate's constitutional role in confirming high-level federal officials."

Background: The DC Circuit observed that: "An interpretation of "the Recess' that permits the President to decide when the Senate is in recess would demolish the checks and balances inherent in the advice-and-consent requirement, giving the President free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction. This cannot be the law."

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