Senator Johanns e-Update
Today, a federal appeals court unanimously ruled that President Obama violated the Constitution when he appointed board members to the National Labor Relations Board (NLRB), without obtaining the advice and consent of the Senate. The Constitution serves to keep the powers of the federal government in check, and today’s ruling reaffirms that no one, including the President, is above the law.
I have said from the very beginning that the President’s appointments were unconstitutional and an overreach of executive authority. Last September I filed an , supporting a challenge to the President’s appointments. I am pleased the court chose to uphold the Constitution and not let these appointments stand. Any action taken by the NLRB over the last year should rightfully be invalid. Additionally, the President’s two remaining unconstitutional NLRB appointees should resign immediately. I have asked for that resignation in writing, as well as the resignation of the President’s non-recess appointee, Richard Cordray, Director of the Consumer Financial Protection Bureau (CFPB). Click to read my letters to these appointees.
Today’s court ruling raises serious concerns about any actions taken by individuals appointed by the President in a manner that violates the Constitution, which is why I have also sent a letter to the Government Accountability Office (GAO) asking what actions can be taken to unwind any regulations or rules imposed by the NLRB and CFPB during the past year. Click to read my letter to the GAO.
The Senate’s Constitutional role in confirming nominees is an important check and balance in our democratic system. It must be restored. Today’s ruling is a step in that direction and I will continue to work with my colleagues to ensure this principle is upheld.
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