Congressional Response to Non-recess Appointments

Lawmakers in Congress are “considering all possible ways” to respond to President Obama’s unconstitutional non-recess appointments.

On January 4, 2012, President Obama made four, what he termed, “recess appointments” to key executive positions while the Senate was still in session, circumventing the Constitution and nearly a century of precedent.

Senator Mike Lee (UT) has responded, threatening to be a thorn in the Obama Administration’s side until President Obama retracts the appointments. He told the Senate Judiciary Committee, “Given this President’s blatant and egregious disregard both for proper constitutional procedures and the Senate’s unquestioned role in such appointments, I find myself duty-bound to resist the consideration and approval of additional nominations until the President takes steps to remedy the situation.”

In the House of Representatives, one House Oversight subcommittee has already held hearings on the appointments, and the full Oversight Committee is scheduled to hold hearings on Wednesday on the impact of potential litigation on agencies affected by the appointments.

The Senate Banking Committee is also scheduled to hold hearings on the appointments on Tuesday, asking one of Obama’s non-recess appointees, Richard Cordray, to testify. Senator Roger Wicker (MS) is boycotting those hearings, stating that he “will not provide the administration with the appearance of legitimacy in this action.”

The ACLJ is currently working with Members of Congress on these and other options to respond to President Obama’s unconstitutional appointments. We will continue to keep you informed of our efforts.