Conservatives Shoot Own Feet In Recess Appointment Case

Get your news from a source that’s not owned and controlled by oligarchs. Sign up for the free Mother Jones Daily.


Can a president make a recess appointment if the Senate leaves town but declares itself in session anyway? The Supreme Court heard arguments on this question yesterday, and judging from the questioning, it looks like the answer is going to be no. Even the liberal justices seem inclined to tell President Obama that it’s up to the Senate to decide when it’s in recess, even if the recess is a bit of a sham. Jonathan Bernstein provides some of the background here.

Fair enough, I suppose. But it sure is bad timing for the conservatives who are pressing this case. After all, it doesn’t really matter anymore, now that Harry Reid has done away with the filibuster for presidential confirmations. Obama no longer needs to make any recess appointments because Democrats can just confirm his nominees in the usual way. That could change after the midterm elections if Republicans take back the Senate, but it probably won’t. And either way, the electoral landscape almost guarantees that Democrats will retain (or regain) control of the Senate in 2016.

In other words, effectively doing away with recess appointments probably won’t hurt Democrats at all over the next few years, but might very well hurt Republicans if they win the White House in 2016. Nice work, conservatives.

BEFORE YOU CLICK AWAY...

Trump is clamping down on the media—using lawsuits, lies, intimidation, and a thuggish Federal Communications Commission. Corporate media are caving, but Mother Jones won’t back down. To help us stand strong, a generous board member has chipped in a $50,000 digital matching gift. Help us make the most of it!

Every contribution through September 30 will be matched dollar-for-dollar.

We have nearly 50 years of experience standing up to bullies. Government intimidation, nuisance lawsuits, threats to our nonprofit status—we’ve seen it all. Yet because we’re supported by a community of readers like you, we’re still here and still reporting like hell. Please stand with us. Every dollar you give will go twice as far.

payment methods

BEFORE YOU CLICK AWAY...

Trump is clamping down on the media—using lawsuits, lies, intimidation, and a thuggish Federal Communications Commission. Corporate media are caving, but Mother Jones won’t back down. To help us stand strong, a generous board member has chipped in a $50,000 digital matching gift. Help us make the most of it!

Every contribution through September 30 will be matched dollar-for-dollar.

We have nearly 50 years of experience standing up to bullies. Government intimidation, nuisance lawsuits, threats to our nonprofit status—we’ve seen it all. Yet because we’re supported by a community of readers like you, we’re still here and still reporting like hell. Please stand with us. Every dollar you give will go twice as far.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate