Amicus Curae Litigation in the Supreme Court to Curtail Temporary Nomination Power of President

In the United States today a brief has been signed by all of the Conservative members of the United States Senate petitioning the Supreme Court to limit the use of the Pres’s power to temporarily appoint nominees to the court. The main argument of the brief is that the system of temporary nomination has become a method of removing the Senate’s ability to block nominations to the Supreme Court.

The original case was heard by the District of Columbia Circuit Court of Appeals. It found in favour of the Conservative movements cause. The original application was made on the basis that the President had gone outside the constitutional authority that he normally has when he made an appointment for the National Labour relations Board. the administration eventually decided to lodge an appeal up to now we have not yet be clear whether the Supreme Court would adopt the case something that it would conduct a trial on.

The Senate minority leader of the Republican Party has said that it is important that the Pres cannot overstepped his authority in the appointment of personnel to one of the most significant Federal government departments. The argument of the brief thrusts along the lines of there being unconstitutional actions by the head of the executive of the government which has emasculated the check and balance role which is usually played by the Senate as the last port of call in the legislature. The practice of using temporary appointments has been put to affect on both sides of politics Republican and Democrat. the problem that has arisen lately is that filibuster tactics have been used in the legislature to frustrate the appointment of any candidates to the roles meaning that the President has been forced to undertake a temporary appointment strategy in order to secure any personnel being appointed to the position.

Historically, the Bush administration had had some of their nominees filibustered by Democrats in the Senate. The legal eagle representing the Republicans is the same lawyer that was appointed by President Bush as a Conservative Nomination in 2001 for a district court appointment. It is expected that same council will be retained by the Obama administration that was used in the trial case to argue the appeal case in United States Supreme Court. We have attached a copy of the brief to be submitted to the Supreme Court below.

Senate GOP Brief: NLRB v. Noel Canning

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