In The Dark Recesses Of The Mind(less)

Apparently all 45 Republican senators, even the "moderate" ones, now believe that every other President in history could make recess appointments except for, well, you know, the black one.

All 45 Republican senators co-signed an amicus brief filed Tuesday calling on the Supreme Court to curtail the President’s power to temporarily appoint nominees without the Senate’s approval.

“[R]ecess appointments have become a means to sidestep Senate confirmation,” the brief declared. “In any case, the President himself has made clear that he will resort to recess appointments, and indeed has done so, precisely to circumvent perceived Senate opposition.”

In January, a three-judge panel on the conservative-leaning D.C. Circuit Court of Appeals ruled that President Obama overstepped his constitutional authority when he recess-appointed three members of the National Labor Relations Board. The court decreed that the president may not recess-appoint nominees during pro-forma sessions, when the Senate tends to meet briefly, sometimes just for a few minutes, without holding debate or votes.

The Obama administration has appealed that decision; the Supreme Court has not yet decided whether to take the case. 

See, the wacky part is the President's power to make recess appointments is actually in the Constitution, whereas the Senate using the filibuster and secret holds to block appointments is not.  Republicans suddenly don't care about that anymore, because A) it's not part of the Second Amendment, and B) Obama is a fascist for exercising a power he has used far less than any other remotely recent President, Democratic or Republican.

We'll see what SCOTUS does.