Chief Justice Roberts, Mr. Activist?

roberts 5

Hearing arguments in New Process Steel v. National Labor Relations Board, Chief Justice Roberts thinks [pdf] Obama should make recess appointments despite Republican opposition to Obama making recess appointments:

NEAL KATYAL, DEPUTY SOLICITOR GENERAL: They were named in July of last year. They were voted out of committee in October. One of them had a hold and had to be renominated. That renomination took place. There was a failed quorum — a failed cloture vote in February. And so all three nominations are pending. And I think that underscores the general contentious nature of the appointment process with respect to this set of issues.

CHIEF JUSTICE ROBERTS: And the recess appointment power doesn’t work why?

The NLRB has been missing 3/5 of its members due to Republican obstructionism, proving yet again that Republicans are, by design, making government less efficient. I’ve written on this before:

What Republicans have decided to do, as a bloc, is continue their policy by design of government inefficiency. The worst part is they are doing this during a Democratic Party controlled government for the purpose of regaining control of government. It seems they might as well stay out of power since they’re getting what they want anyway: government inefficiency.


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