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the recess

  • Problems in the Recess Appointments Case (Even though Rob was cited again)0

    • June 29, 2014

    (This article originally appeared in The American Thinker.) I applaud the result of the recess appointments case and I am happy to have been cited again in a Supreme Court opinion (this time by Justice Scalia). But in several respects the case exemplifies what is wrong with constitutional jurisprudence today. In National Labor Relations Board

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  • The Evidence Continues to Pile Up on “Recess Appointments”0

    • April 18, 2014

    Earlier this year, the Harvard Journal of Law and Public Policy published my article showing that the Constitution’s Recess Appointments Clause limits presidential vacancy appointments far more than President Obama (and most prior Presidents) have claimed. I posted earlier on the same subject here. The issue is before the Supreme Court right now. The Recess

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