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February 06, 2012


WASHINGTON, D.C. – U.S. Sen. Jim Inhofe (R-Okla.) and 38 of his Republican colleagues recently signed a letter of intent to file an amicus brief challenging the constitutionality of President Obama’s Jan. 4 recess appointments to the Consumer Financial Protection Bureau (CFPB) and the National Labor Relations Board (NLRB). Lawsuits against the appointments have been filed by the Coalition for a Democratic Workplace, the National Right to Work Committee, and the National Federation of Independent Business. 


“President Obama blatantly ignored the Senate’s Constitutional responsibility to provide advice and consent,” said Inhofe. “His assertion that the Senate’s adjournment met the guidelines for a recess appointment is at best inaccurate. Knowing that his controversial nominees did not have the support needed to pass the Senate, President Obama took matters in his own hands, and acted outside the bounds of the Constitution.  The President and his administration must be held accountable.”


Before the U.S. Senate adjourned for the end of the year, Senate Republicans sent a letter to President Obama warning him to not appoint controversial nominees during recess. However, the Senate never adjourned for recess at the end of the year and instead conducted a pro forma session of Congress. During this time, the Senate is still in session, and the President does not have authority to make recess appointments.


Today’s letter was signed by U.S. Sens. Jim Inhofe (R-Okla.), Lamar Alexander (R-Tenn.), Kelly Ayotte (R-N.H.), John Barrasso (R-Wyo.), Roy Blunt (R-Mo.), John Boozman (R-Ark.), Richard Burr (R-N.C.), Saxby Chambliss (R-Ga.), Dan Coats (R-Ind.), Tom Coburn (R-Okla.), Bob Corker (R-Tenn.), John Cornyn (R-Texas), Susan Collins (R-Maine), Mike Crapo (R-Idaho), Jim DeMint (R-S.C.), Mike Enzi (R-Wyo.), Lindsey Graham (R-S.C.), Chuck Grassley (R-Iowa), Orrin Hatch (R-Utah), John Hoeven (R-N.D.), Kay Bailey Hutchinson (R-Texas), Johnny Isakson (R-Ga.), Mike Johanns (R-Neb.), Ron Johnson (R-Wis.), Jon Kyl (R-Ariz.), Michael Lee (R-Utah), Richard Lugar (R-Ind.), Jerry Moran (R-Kan.), John McCain (R-Ariz.), Mitch McConnell (R-Ky.), Lisa Murkowski (R-Alaska), Rand Paul (R-Ky.), James Risch (R-Idaho), Rob Portman (R-Ohio), Pat Roberts (R-Kan.), Marco Rubio (R-Fla.), John Thune (R-S.D.), Pat Toomey (R-Pa.), and David Vitter (R-La).


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