WASHINGTON, D.C. – Today, U.S. Senator Jerry Moran (R-Kan.) released the following statement after the U.S. Supreme Court unanimously overturned President Obama’s unconstitutional “recess” appointments to the National Labor Relations Board in January 2012. Sen. Moran and 44 of his Senate colleagues filed an amicus brief in the case and counsel for the Senators participated in oral argument before the Supreme Court.
"The Obama Administration has a bad habit of sidestepping Congress and ignoring the Constitution when they find it politically convenient," Sen. Moran said. "This decision by the Supreme Court puts both the U.S. Constitution and best interests of Americans first."
The legal controversy with the appointments was tied to whether brief Senate breaks called pro-forma sessions, which Congress states are not formal recesses, are in fact recesses. The federal court of appeals ruled that the only congressional break that counts as recess is the one that occurs between formal, year-long sessions of Congress. Even then, the president may only fill vacancies that come open while the Senate is in recess.
This Supreme Court ruling against President Obama nullifies all decisions by these Board members -- Democrats Sharon Block, Terrence Flynn and Richard Griffin – since January 2012.
In May 2013, Sen. Moran joined 44 Senate colleagues in filing an amicus brief in the United States Supreme Court in a challenge (Noel Canning v. NLRB) to the constitutionality of President Obama’s recess appointments in January 2012.