Media Misrepresenting Judicial Confirmations

The path to rule by executive order by the Obama Administration runs directly through the U.S. Court of Appeals for the D.C. Circuit. “There are few things more vital on the president’s second-term agenda,” Constitutional Accountability Center president Doug Kendall told The Washington Post last week. “With legislative priorities gridlocked in Congress, the president’s best hope for advancing his agenda is through executive action, and that runs through the D.C. Circuit.”

Currently, the D.C. Circuit, which is considered one notch below the U.S. Supreme Court and deals with many challenges to executive branch actions, has four openings. It currently has four Republican appointees and three Democrats. This is the same court that ruled in January that President Obama lacked the authority to make the three recess appointments he made to the National Labor Relations Board.

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