Murkowski “Separation of Powers” Legal Challenge to Get Supreme Court Hearing

Senator, Republican Colleagues Called for Recess Appointment Courtroom Fight

WASHINGTON, DC — In what is being called “a major constitutional test of executive power,” the United States Supreme Court today agreed to hear arguments on President Barack Obama’s controversial recess appointments, an act requested last month by Senator Lisa Murkowski and her Republican Senate colleagues (attached).  By appointing four different government officials to positions when the Senate was not in recess, the DC Court of Appeals ruled this practice “would demolish the checks and balances inherent in the advice-and-consent requirement.”

“I am glad the Supreme Court is taking up this issue, which is not about ideology or politics or the merit of any person’s worthiness for an appointment – this is strictly about the separation of powers and the United States’ Senate’s core advise and consent function,” said Murkowski.  “The President’s actions have been judged unconstitutional by the DC Circuit and the 3rd Circuit Court of Appeals in Philadelphia, and I believe a judgment by the Supreme Court would remove all doubt and avoid future attempts at such unilateral and unconstitutional recess appointment attempts by the White House.”