ACLJ Calls Supreme Court Decision on Executive Power “Significant Victory for the Separation of Powers” | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion



(Washington, DC) - The American Center for Law and Justice (ACLJ), which represented House Speaker John Boehner in an amicus brief filed at the high court, said today’s decision by the Supreme Court limiting the president’s recess appointment powers represents a “significant victory for the separation of powers.”

In a decision today, the high court concluded that President Obama exceeded his authority when he invoked the Constitution’s provision on recess appointments to fill slots on the National Labor Relations Board (NLRB) in 2012.

“This decision represents a significant victory for the separation of powers and a substantial win for House Speaker John Boehner, who we represented in this case,” said Jay Sekulow, Chief Counsel of the ACLJ. “The court made it clear that it is up to Congress to set its own rules - when it is in session and when it is not. By declaring the President Obama's appointments to the NLRB invalid, the court sent a powerful message to the executive branch: the president just doesn’t get to make up the rules when it comes to the operations of Congress.”

Sekulow added: “The Court has properly protected the constitutional prerogative of the Legislative Branch to provide advice and consent on presidential nominations. It has also provided a very clear and critical acknowledgement that a recess of less than three days is not sufficient for the president to bypass the Senate. This is extraordinarily significant, because it affirms the right of the House of Representatives and the Speaker of the House to determine – in tandem with the Senate – when such a recess occurs.  If the House does not approve an adjournment resolution, no sufficient recess will occur, and the president will not be permitted to make ‘recess appointments’.”

The ACLJ’s amicus brief, posted here, was filed on behalf of House Speaker John Boehner.

Led by ACLJ Chief Counsel Jay Sekulow, the ACLJ is based in Washington, D.C.

Latest in

Taking on California’s Lawless Agenda

By Harry G. Hutchison1520863200000

The long-simmering battle between the federal government and the state of California’s lawless agenda has erupted as part of escalating conflict last week after the Justice Department filed a lawsuit seeking to strike down the state’s attempt to usurp federal authority and write its own immigration...

read more

The Confirmation of Conservative Judges

By Nathanael Bennett1519398000000

One of the most important duties entrusted to our President and Senators is nominating and confirming competent and qualified judges for the federal courts. This task has a multi-generational impact, as federal judges serve a life-long tenure—sometimes spanning more than half a century—and will...

read more

Tax Reform is Working for Middle-Class Americans

By Harry G. Hutchison1516631437327

One of the largest successes of the last year is undoubtedly tax reform. The massive tax cuts package passed by Congress and signed by the President is a remarkable achievement – the largest tax cuts and simplification of the often bewildering tax code in decades. Indeed, whether it is tax reform,

read more

Conservative Judicial Nominations Update

By ACLJ.org1513616634820

At the ACLJ, we have been aggressively fighting for conservative judges on the federal bench. Over the last few months we have helped achieve unprecedented success. One of the most important duties facing a President and the U.S. Senate is the nomination and confirmation of federal judges. The...

read more