Johanns Renews Call for Resignation of Unconstitutional “Recess” Appointees

WASHINGTON – U.S. Sen. Mike Johanns (R-Neb.) today once again called on the unlawfully appointed members of the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau (CFBP) to immediately vacate the offices, following a second U.S. Circuit Court of Appeals ruling that such recess appointments are unconstitutional.

“We’ve now had two separate court rulings invalidate President Obama’s attempt to skirt the advice and consent role of Congress,” Johanns said. “These so-called ‘appointments’ were unconstitutional and therefore, actions of CFPB and NLRB are likely void and subject to litigation. To restore the checks and balances provided by the Constitution and to minimize the practical complications resulting from decisions made without appropriate authority, these men and women should immediately step aside.”
Johanns sent letters to Sharon Block and Richard Griffin of the NLRB, and Richard Cordray, of the CFPB, insisting that they step aside following a May 16, 2013, ruling by the U.S. Circuit Court of Appeals for the 3rd Circuit, which stated that the President only has the power to bypass the Senate’s role to approve nominees during periods of Senate recess. The Senate, however, was not in recess when these unconstitutional appointments were made. To read the letters, click HERE.
The 3rd Circuit Court’s decision agreed with a January 25, 2013, ruling by the U.S. Circuit Court of Appeals for the D.C. Circuit.
Block, Griffin, Cordray and Terence Flynn were all unconstitutionally appointed by President Obama in January, 2012. Flynn resigned in May, 2012.
The Circuit Courts addressed only the unconstitutional NLRB appointments because the cases filed in their courts were against the NLRB. Because Cordray was unlawfully appointed under the same circumstances, the same principle applies.