Recess Appointments in Doubt
Presidential Power After Noel Canning v. NLRB
Under the Appointments Clause, the President is empowered to nominate and appoint principal officers of the United States, but only with the advice and consent of the Senate. In addition to this general appointment authority, the Recess Appointments Clause permits the President to make temporary appointments, without Senate approval, during periods in which the Senate is not in session. On January 4, 2012, while the Senate was holding periodic “pro forma” sessions, President Obama invoked his recess appointment power and unilaterally appointed Richard Cordray as director of the Consumer Financial Protection Bureau (CFPB) and Terrence F. Flynn, Sharon Block, and…
