By Dan Calabrese ——Bio and Archives--January 13, 2014
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The court battle is an outgrowth of increasing partisanship and the political stalemate that's been a hallmark of Washington for years, and especially since Obama took office in 2009. Senate Republicans' refusal to allow votes for nominees to the National Labor Relations Board and the new Consumer Financial Protection Bureau led Obama to make the temporary, or recess, appointments in January 2012. Three federal appeals courts have said Obama overstepped his authority because the Senate was not in recess when he acted.Obama's argument is that the Senate wasn't conducting real business during the period in question, with Senate Republicans making pro forma appearances to maintain the legal technicality that the Senate was in session. And there is precedent for that. Harry Reid did it with regularity when George W. Bush was president, and while Bush recognized it for the stunt it was, he nonetheless respected that the stunt kept the Senate in session and he refrained from making recess appointments as a result.
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