Advancing a Free Society

OLC and the Obama Recess Appointments

Monday, January 9, 2012

I have not had the time to study carefully the constitutional issues related to President Obama’s recent controversial recess appointments.  I worked on a few recess appointments during my time in the Bush administration.  Based on a superficial analysis I think the constitutional issues are much closer than the President’s legal critics suggest (and I am very surprised to see that David Addington, agreeing with Ed Meese, thinks the recess appointments are unconstitutional).  On this topic I recommend this op-ed by Bush OLC-ers Steve Bradbury and John Elwood.

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