Damon Root on Liberals and Executive Power

On Monday
January 13, the U.S. Supreme Court will hear oral argument in a
major case testing the scope of presidential power. At issue is
President Barack Obama’s controversial use of the recess
appointments power to bypass the Senate confirmation process and
add three new members to the National Labor Relations Board. Obama
did not make those appointments when the Senate was technically in
recess, but did so instead when the Senate was in session. The
president has received the support of some conservatives, but also
gets strong support from a leading liberal organization, the
Constitutional Accountability Center. That’s surprising, writes
Damon Root, because it stands in such marked contrast to previous
progressive interpretations of the Recess Appointments Clause, most
notably that of Democratic Sen. Ted Kennedy of Massachusetts. In
2003, Kennedy filed his own friend of the court brief when the
federal courts heard a similar case dealing with President
Bush.

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