Policy: Labor

White House 'confident' Supreme Court will uphold Obama's recess appointment power

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Politics,White House,Brian Hughes,Barack Obama,Supreme Court,Labor,PennAve,NLRB,Jay Carney,Recess Appointments

The White House on Monday predicted the Supreme Court would uphold President Obama's ability to make recess appointments after justices expressed doubts about the president's use of such tactics.

“In our view, we're confident the courts will uphold the president's authority,” White House press secretary Jay Carney said during his daily briefing with reporters.

The Supreme Court earlier Monday heard arguments over the president's ability to fill senior posts while the Senate was in recess. The dispute stemmed from controversial appointments the president made to the National Labor Relations Board in 2012 while the upper chamber was not in session.

The nation’s highest court could dramatically rein in Obama’s authority to make appointments. Lower courts have already said Obama overstepped his authority in appointing members to the National Labor Relations Board during a congressional recess.

Republicans have accused the White House of circumventing Congress in an effort to appoint nominees more sympathetic to the president’s agenda.

And even some of Obama's allies on the court were skeptical of his actions.

Justice Elena Kagan, appointed by Obama, suggested it was the “Senate's role to determine whether they're in recess."

However, Senate Democrats have largely taken the matter into their own hands. Recently, Senate Majority Leader Harry Reid, D-Nev., employed the so-called nuclear option, essentially allowing a simple majority vote on Obama's non-Supreme Court nominees.

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