Sen. Mike Johanns is pleased the United States Supreme Court has ruled President Barack Obama exceeded his authority in making recess appointments to the National Labor Relations Board in 2012.
Johanns says the Supreme Court Justices reasserted the balance of power between the executive and the legislative branch of government.
“They basically said that look, the Senate decides when it’s going to be in recess and a three day recess is not sufficient to proclaim a recess and therefore make recess appointments. It has to be at least 10 days,” Johanns tells Nebraska reporters during a conference call. “Consequently, the Senate is back in control of deciding when it’s in recess and not in recess, not the president of the United States.”
President Obama, frustrated by Republicans in the Senate who held up his appointments to the Labor Relations Board, made the appointments during a short break in the business of the Senate, claiming the Senate was in recess. A business that lost a case before the board sued. Johanns joined other Republican senators in supporting the objection.
Johanns is pleased the ruling was unanimous.
“Unanimous rulings of the Supreme Court on controversial issues are hard to come by,” according to Johanns.
Johanns says the ruling sends a clear message to the White House.
“The judges of the Supreme Court in a unanimous way sent a message to President Obama and to the White House that look, you can’t pull this stuff. You can’t get away with defining when Congress is in session and is not in session.”