Analysis: Weighing power among branches, U.S. court could tip against president

U.S. President Obama gestures during a news conference at the White House in WashingtonBy Joan Biskupic WASHINGTON (Reuters) – When a prominent U.S. appeals court last year slashed President Obama’s power to appoint government officials, many legal experts said the Supreme Court would be unlikely to let that surprising decision stand. In its January 2013 ruling involving “recess appointments” to a key regulatory agency, the U.S. Court of Appeals for the D.C. Circuit repeatedly invoked the nation’s early history and a literal reading of key constitutional terms. Such an “originalist” approach in the past persuaded the court under Chief Justice John Roberts to take bold action. The new case, National Labor Relations Board v. Noel Canning, revolves around the president’s power to appoint top officials with the “advice and consent” of the Senate.

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