US Republicans are bringing their objections to President Barack Obama’s policies to the Supreme Court which is expected to settle a dispute over the president ' s power to temporarily fill high - level positions.
The court will see on Monday whether President Obama legally appointed three officials to the National Labor Relations Board (NLRB) using recess appointments, CBS News reports. “The Supreme Court will examine whether the president can make appointments during recesses that occur during a regular Senate session or only during the once-a-year breaks that occur between sessions, and whether the position that is being filled must have been vacated during the same break in order for the president to use a recess appointment,” the report says. “I’ve never been a big fan of lawsuits. Normally you should be able to settle disputes between the branches using the various powers each branch has, but I’ve signed on to a few including the recess appointments,” Sen. Jeff Sessions, R-Ala., said, as reported by Roll Call. “There’s a very, very strong pushback among the American people concerning the president’s executive orders. They feel like he passed Obamacare, then he just amends the law without Congress. I hear that all the time,” Sessions added. The case is the first in the US history to consider the meaning of the provision of the Constitution that allows the president to make temporary appointments to positions that otherwise require Senate confirmation, but only when the Senate is in recess. In January 2012, Obama made the appointments after Senate Republicans' refused to allow votes for the nominees. Three federal appeals courts have said President Obama overstepped his authority because the Senate was not in recess when he acted.