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January 28, 2013
Why not get rid of that pesky Senate altogether?
Posted by Staff
Salon.com:

I am reasonably sure that I, at least, would have been perfectly fine with the D.C. Court of Appeals decision invalidating President Barack Obama’s recess appointments to the National Labor Relations Board if it had come during the Bush presidency. For obvious reasons. I can admit that. The “pro forma sessions” trick the GOP used to try to prevent Obama from appointing anyone to the NLRB was even originally a Democratic ploy designed to prevent Bush from making his own recess appointments. (Bush, obviously, wanted to appoint vile far-right ideologues to positions in agencies whose missions they were dedicated to subverting and sabotaging. Obama just wants to appoint competent people who are a bit liberal.)

But the decision doesn’t just invalidate appointments made during “recesses that don’t count as recesses because one guy showed up and banged a gavel and then went home.” It’s not, in other words, a decision limited strictly to stopping one instance of executive branch overreach. The court effectively ended the practice of recess appointments entirely:
01/28/13 7:52 AM
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