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Senate Republicans jump into recess appointment challenge

Republican lawmakers are officially jumping into the legal fight over President Barack Obama’s recess appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau. And leading the GOP senators’ fight is a man who was blocked from a judicial appointment by Senate Democrats years ago.

Senate Republicans said yesterday they plan to file an amicus brief in the case challenging Obama’s authority to make the controversial appointments, according to the Washington Post. The White House has defended the validity of the recess appointments, and said they were necessary to keep the agencies operating as GOP lawmakers stalled nominees’ confirmation votes.

The Republican lawmakers brief will be authored by Miguel Estrada, a partner in the Washington office of Gibson, Dunn & Crutcher whose own judicial nomination to the D.C. Circuit was filibustered by Senate Democrats in 2001. (The news came, interestingly enough, the same day Estrada argued a case before the U.S. Supreme Court.)

“We think it’s the appropriate case,” said Senate Minority Leader Mitch McConnell, R-Ky., according to the Post. “And I thought that Miguel’s own experience with the confirmation process, that it might make particularly good sense for him to represent us in this particular undertaking.”

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