Despite the well-reasoned and comprehensive consideration by the Office of Legal Counsel of the White House that President Obama’s recess appointments last month were constitutional, 39 Senate Republicans have decided to join in challenges against them in an as-of-yet to be determined court, or case.
The senators said in a letter Friday that they will file a friend-of-the-court brief to support legal action arguing that Obama overstepped constitutional boundaries when he tapped Richard Cordray to lead the consumer agency and appointed three members to join the NLRB.
“American democracy was born out of a rejection of the monarchies of Western Europe, anchored by limited government and separation of powers,” Texas Sen. John Cornyn said in a statement. “We refuse to stand by as this president arrogantly casts aside our Constitution and defies the will of the American people under the election-year guise of defending them.”
While they don’t specify which actual case they’ll be joining, they just wanted the world to know that, yeah, they’re still pissed about it and mean to do something, the specifics of which are to be determined. The National Federation of Independent Businesses and the National Right to Work Legal Defense Foundation have filed one case against the NLRB appointments, which provides a potential case for them to join.