The Supreme Court handed President Obama a defeat in NLRB v. Noel Canning this week, declaring that Obama’s three appointments to the NLRB made during “recesses” between pro-forma sessions the Senate convened every three days were clearly unconstitutional. If the Senate says it’s in session—even pro-forma—then it’s in session, and the president must obtain its
Ian Millhiser has a very good piece on judicial nominations and blue slips over at Think Progress. It covers a lot of ground and is a wonderful read. However, I do have some bones to pick with his take. At the core of Millhiser’s argument are blue slips and their place in Senate history.