High Stakes Poker the Obama Way

When President Obama goes “All In!” - He really goes “All In!” Gambling with nothing less than the Constitution’s provision that the chief executive may make temporary, emergency appointments to key positions without confirmation from the Senate, the President is counting on the U.S. Supreme Court of the United State (SCOTUS) to keep him flush.

Make no mistake, there’s no bluffing on this one… this is nothing less than a make or break case for the remainder of the Obama presidency.  The situation is basic: Presidents have long taken advantage of the Constitution’s provision that the chief executive may make temporary, emergency appointments to key positions without confirmation from the Senate.

The allowance for so-called recess appointments was conceived as a way to let the executive branch function during colonial times when the Senate was out of session and Philadelphia was a long carriage ride over rutted roads from most of the nation.

In more contemporary times, Presidents have used it to install controversial appointees unlikely to win confirmation into important posts for one year. President Obama’s decision to push the envelope and fill out the National Labor Relations Board (NLRB) with pro-Union picks when the Senate was not technically in recess may permanently deprive the executive branch of this loophole and SCOTUS is holding an extended session to hear arguments on the case.

Who’s All In? Both Pachyderms and Donkeys! Senate Republicans are seeking to have the appointments struck down and the NLRB’s rulings after the non-recess recess appointments invalidated. If Democrats manage to stave off the GOP during the upcoming midterm elections, there’ll still be some gambling involved but not with such high stakes as under powers recently assumed by Senate Dems, Presidential appointments can be confirmed with 51 instead of 60 votes.

But if the Elephants manage to win half of the dozen or so Senate seats that are in play, Obama would likely have to fold… his chances to fill key positions then resting on his willingness to make compromises with his longtime adversaries in the Senate. Side bets anyone?