Good for them!
The sad part is that congress should be putting a stop to this unconstitutional power grab, but they don’t have backbone. Â So it’s left to private citizens to hold the line.
A right-to-work organization is taking the White House to court over the presidentâ€™s controversial decision to install three new members on the National Board Relations board without Senate approval.
The legal challenge came after the three new members approved a legal response in an existing lawsuit. The plaintiffs asked the judge on Friday to rule that their participation is invalid because PresidentÂ Barack ObamaÂ did not have the authority to appoint them.
â€œWe asked [the judge] to consider the question of whether they areÂ constitutionally seated,â€ said Mark Mix, president of the National Right to Work Foundation.
Without legitimate appointments, they canâ€™t participate in the lawsuit, Mix told The Daily Caller. And without their participation the board does have the quorum needed to implement the new regulations that the foundation opposes.
When the president installed the three officials on Jan. 4, he justified his move by saying the Senate was in recess.
The U.S. Constitution allows the president to bypass the usual Senate debate and vote to appoint officialsÂ when the Senate is in recess.
But â€œthe Senate was never in recess, notwithstanding what the justice department has said,â€ Mix said.
The presidentâ€™s claim that he can determine when the Senate is in recess is a constitutional issue, he added, because it is an effort to expand the presidentâ€™s ability to appoint people whose nominations elected SenatorsÂ oppose.
If not struck down by a court, â€œthat is a dramatic endangerment of the checks and balances in our constitution,â€ Mix told TheDC.