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December 23, 2024

The History and Impact of Recess Appointments with Neil Eggleston

Episode 352

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:

Federal Vacancies Reform Act | U.S. GAO

NLRB v. Canning | 573 U.S. 513 (2014) | Justia U.S. Supreme Court Center

15-1251 NLRB v. SW General, Inc. (03/21/2017)