How does a centuries-old constitutional power continue to influence the modern balance of government? This week, Elisa speaks with Neil Eggleston, former White House Counsel to President Obama, to delve into the history and controversies surrounding recess appointments. Together, they explore the historical roots of this executive power, landmark cases that have shaped its use, and its implications for the Senate's advice and consent role.

Neil Eggleston is a litigation partner in the Washington, D.C., office of Kirkland & Ellis LLP, and served as White House Counsel to President Obama from 2014 to 2017

References:

The Federal Vacancies Reform Act, 5 U.S.C. sec. 3345

NLRB v Noel Canning, Art. II Sec. 3

NLRB v. Southwest General