The Roberts Court reprimands President Barack Obama, again. With New Jersey Justice Samuel Alito writing for the court, the 9-0 opinion quibbles about what constitutes a recess — while accepting that executor-in-chief Barack Obama can appoint people to run the government during a proper recess. Quibbling about what constitutes this or that is at least different from striking something down in kind.
While this Roberts Court’s legal move is not a surprise, it will help the GOP going into the midterm elections, since the Executive Branch can no longer govern without using the newly modified filibuster rule.
It’s not as if Obama wanted to wait until the Senate went on recess to find folks to govern or help him execute and implement laws.
Most notable was undoing the appointment of the new consumer-protection czar established by the Dodd-Frank Wall Street Reform and Consumer Protection Act. This constitutes a slap or rebuke to now Democratic Senator Elizabeth Warren. When Obama did not nominate her and she left to win the contested Massachusetts Senate seat, she left thinking her right-hand person or enforcer — Robert Cordray — would be appointed. And he was, for a while, at least along with a couple of key appointments at the National Labor Relations Board.
Good thing the Senate is no longer allowing itself to hold the Executive Branch hostage, having overturned the long-standing filibuster rule that I’m sure Senator Warren enjoyed voting for.