WASHINGTON – Today, Senator Mike Lee formally responded to the President’s unconstitutional recess appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau. In a statement delivered at a Judiciary Committee business meeting, Lee outlined the unconstitutional nature of the appointments and criticized the justification offered by the Justice Department's Office of Legal Counsel.
“President Obama used deeply flawed legal reasoning to circumvent the Constitution’s clear requirement that the Senate must be in recess in order to make such appointments,” said Sen. Lee. “The President’s assertion that he may unilaterally determine for himself whether or not the Senate is in recess violates the Constitution’s fundamental separation of government powers and the Senate's rightful prerogatives."
“Although some Senate Democrats claim prior ‘obstruction' of nominees during this Congress, in reality Senate Republicans have willingly allowed the overwhelming majority of the President’s nominations to pass through the Judiciary Committee with little controversy and receive an up or down vote on the floor."
"Given this President’s blatant and egregious disregard both for proper constitutional procedures and the Senate’s unquestioned role in such appointments, I find myself duty-bound to resist the consideration and approval of additional nominations until the President takes steps to remedy the situation. Regardless of the precise course I choose to pursue, the President certainly will not continue to enjoy my nearly complete cooperation, unless and until he rescinds his unconstitutional recess appointments."