06.26.14

Murkowski: Supreme Court Ruling "Slams the Door" on Obama's Unconstitutional Recess Appointments

The United States Supreme Court today unanimously ruled that President Barack Obama’s controversial recess appointments are unconstitutional – in what was being called a “a major constitutional test of executive power.” Senator Murkowski responded to the ruling, saying:

“The President’s unilateral, “pen and phone” approach to governing does not work and – in the case of recess appointments – is unconstitutional.  This issue is not about partisanship or ideology or even the nominees qualifications, it is about the separation of powers and the United States Senate’s core ‘advise and consent’ function mandated by the Constitution.

“The President’s actions were already judged unconstitutional by the D.C. Circuit and the 3rd Circuit in Philadelphia.  Today’s unanimous Supreme Court ruling confirms those decisions and clearly slams the door for such recess appointments by the White House in the future.”

HOW WE GOT HERE: Last year, Senator Lisa Murkowski and a number of Senate colleagues questioned the appointment of four different government officials to positions when the Senate was not in recess, which the DC Court of Appeals ruled “would demolish the checks and balances inherent in the advice-and-consent requirement.”