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

Verified

1403796800000

(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
Constitution

Ex-FBI Director's Case Collapses

By Jay Sekulow1497044409096

Fired FBI Director James Comey’s testimony before the Senate Intelligence Committee accomplished one thing: With his testimony, Comey’s case against President Trump collapsed like a house of cards. Not only did Comey’s testimony clear President Trump – admitting under oath that the President was...

read more

Comey is Not a Credible Witness

By Jay Sekulow1496880902209

Former FBI Director James Comey is preparing to tell his side of the story before the Senate Intelligence Committee on Thursday regarding his encounter with President Trump. His prepared remarks were released today – and make no mistake about it – this is Comey’s opportunity to get back in the...

read more

President Trump Fired FBI Dir. James Comey

By Jay Sekulow1494370610081

President Donald Trump has just fired FBI Director James Comey. President Trump’s letter states that Comey is “not able to effectively lead the Bureau.” President Trump's action is not only appropriate, but represents the correct action taken against Comey who has become a renegade FBI Director.

read more

Defense of Attorney General Jeff Sessions

By Jay Sekulow1488493786306

There is a ruthless, coordinated attempt by those on the Left – in Congress, in the mainstream media, and in the bureaucracy – to undermine and undercut President Trump. First it’s a leak. Then a deceptive smear. And finally an all-out assault intended to hinder and even remove from office senior...

read more