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High Court Rebukes Obama on Recess Appointments

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Chief Justice John Roberts is shown (front row, center) with the Associate Justices (back row) Sonia Sotomayor, Stephen Breyer, Samuel Alito Jr., (front row) Clarence Thomas, Antonin Scalia, Anthony Kennedy and Ruth Bader Ginsburg. (AP Photo/Pablo Martinez Monsivais).

(AP Photo/Pablo Martinez Monsivais).

Mark Sherman, ASSOCIATED PRESS

 

WASHINGTON (AP) — The Supreme Court on Thursday limited the president’s power to fill high-level vacancies with temporary appointments, ruling in favor of Senate Republicans in their partisan clash with President Barack Obama.

The high court’s first-ever case involving the Constitution’s recess appointments clause ended in a unanimous decision holding that Obama’s appointments to the National Labor Relations Board in 2012 without Senate confirmation were illegal. Obama invoked the Constitution’s provision giving the president the power to make temporary appointments when the Senate is in recess.

Problem is, the court said, the Senate was not actually in a formal recess when Obama acted.

Obama had argued that the Senate was on an extended holiday break and that the brief sessions it held every three days — what lawmakers call “pro forma” — were a sham that was intended to prevent him from filling seats on the NLRB.

The justices rejected that argument Wednesday.

Justice Stephen Breyer said in his majority opinion that a congressional break has to last at least 10 days to be considered a recess under the Constitution.

Neither house of Congress can take more than a three-day break without the consent of the other.

The issue of recess appointments receded in importance after the Senate’s Democratic majority changed the rules to make it harder for Republicans to block confirmation of most Obama appointees.

But the ruling’s impact may be keenly felt by the White House next year if Republicans capture control of the Senate in the November election. The potential importance of the ruling lies in the Senate’s ability to block the confirmation of judges and the leaders of independent agencies like the NLRB. A federal law gives the president the power to appoint acting heads of Cabinet-level departments to keep the government running.

Still, the outcome was the least significant loss possible for the administration. The justices, by a 5-4 vote, rejected a sweeping lower court ruling against the administration that would have made it virtually impossible for any future president to make recess appointments.

The lower court held that the only recess recognized by the Constitution is the once-a-year break between sessions of Congress. It also said that only vacancies that arise in that recess could be filled. So the high court has left open the possibility that a president, with a compliant Congress, could make recessappointments in the future.

Justice Antonin Scalia, writing for himself, Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas, said he would have upheld the lower court’s reasoning. He said Thursday’s decision means “the abolition of the Constitution’s limits on the recess-appointment power.”

A recess appointment can last no more than two years. Recess appointees who subsequently won Senate confirmation include Chief Justice Earl Warren and Justice William Brennan, Federal Reserve Chairman Alan Greenspan, two current NLRB members and Consumer Financial Protection Bureau director Richard Cordray. Former UN Ambassador John Bolton is among recess appointees who left office because they could not win a Senate vote.

The case challenging the appointments was brought by Noel Canning, a soft drink bottling company in Yakima, Washington. The company claimed an NLRB decision against it was not valid because the board members were not properly appointed and that the board did not have enough members to do business without the improperly appointed officials.

Noel Canning prevailed in the U.S. Circuit Court of Appeals for the District of Columbia, and two other appeals courts also had ruled against recess appointments.

Obama has made relatively few recess appointments, 32 in his four-plus years in office, according to the Congressional Research Service. President George W. Bush made 171 such appointments over two terms and President Bill Clinton filled 139 posts that way in his eight years in office, the research service said.

But Obama was the first president to try to make recess appointments when Congress explicitly said it was not in recess. The Constitution requires that the Senate and House must get the other’s consent for a break lasting longer than three days. At the end of 2011, the Republican-controlled House would not give the Democratic-led Senate permission for a longer break.

The partisan roles were reversed during Bush’s presidency, when Senate Democrats sought ways to prevent the president from making recess appointments.

In fact, the very basis on which the justices decided the case — that the Senate can use extremely brief sessions to avoid a formal recess — was a tactic devised by Senate Majority Leader Harry Reid of Nevada to frustrate Bush.

 

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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OP-ED: How Does Your State Rank for Pre-K?

BLACKPRESSUSA NEWSWIRE — “Other states should take note: Georgia proves that state-funded preschool with well-qualified teachers, pay parity with K-12, small classes, and strong continuous improvement systems can be scaled as a universal program,” said NIEER director Steve Barnett. “With new initiatives to support quality, Georgia can expect increased enrollment, but leaders should also actively promote increased enrollment.”

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Photo: iStockphoto / NNPA.
Photo: iStockphoto / NNPA.

Georgia’s state-funded pre-k program for 4-year-olds was recently recognized as the largest state-funded preschool program in the nation to meet all 10 quality benchmarks, and the first universal program to do so. Georgia’s recognition is the top finding in the National Institute for Early Education Research’s new 2025 State of Preschool Yearbook. The yearbook provides an annual snapshot of state-funded preschool across the country. Forty-four states and the District of Columbia fund preschool programs.

Only five additional states meet all 10 of NIEER’s research-based benchmarks for quality —Alabama, Hawaii, Michigan, Mississippi, and Rhode Island—in this year’s report. None of those programs have the reach of Georgia Pre-K. NIEER’s benchmarks measure essential preschool quality indicators, including teacher qualifications, class sizes, early learning standards, and program assessments.

“Other states should take note: Georgia proves that state-funded preschool with well-qualified teachers, pay parity with K-12, small classes, and strong continuous improvement systems can be scaled as a universal program,” said NIEER director Steve Barnett. “With new initiatives to support quality, Georgia can expect increased enrollment, but leaders should also actively promote increased enrollment.”

Nationally, state support for preschool education hit record highs in enrollment and funding in 2024-2025. The pace of growth slowed, however, compared to the prior year, and many states continue to lag behind pre-pandemic enrollment levels. Preschool enrollment increased by 44,000 children nationally, reaching almost 1.8 million, including 37% of U.S. four-year-olds and 9% of three-year-olds. California, Colorado, Michigan, Minnesota, and Missouri contributed the most to increased enrollment, adding more than 52,000 new seats.

States spent nearly $14.4 billion on preschool in 2024-2025. Including federal and local dollars, total spending was almost $17.7 billion. Three states each spent more than $1 billion last year: California ($4.1 billion), New Jersey ($1.2 billion), and New York ($1 billion). Together, these three states account for 45% of all state preschool spending. Texas adds almost another $1 billion.

Spending increased by $434 million, or 3%, adjusted for inflation. Twenty-eight states increased preschool funding, including Michigan and New Jersey, which each added more than $100 million. “Not only does preschool access vary by which state a child happens to live in, but so does the quality of that preschool experience,” said Allison Friedman-Krauss, lead author of the report. “Only high-quality early care and education programs support children’s development enough to result in lasting academic and other gains that ultimately deliver savings for taxpayers.”

A record six states met all 10 of NIEER’s recommended quality standards, with Alabama doing so for the 20th consecutive year. Georgia joined this list this year after improving its teacher-to-child ratio from 1:11 to 1:10 and lowering maximum class sizes to 20. Several states met 9 of 10 benchmarks, including New Mexico, which is working toward universal access for both three- and four-year-olds. Once New Mexico requires all lead teachers to have a bachelor’s degree in early childhood education, it will be on par with Georgia in terms of both quality and quantity.

Not all states moved forward. Twenty states enrolled fewer preschoolers in 2024-2025 than the prior year, with enrollment dropping by more than 1,000 children in Arizona, Florida, New York, Ohio, Oklahoma, and Wisconsin. Seventeen states spent less on preschool than the prior year, adjusted for inflation, with Arizona, North Carolina, Oregon, and Texas seeing the largest percentage declines. Additional information about the State of Preschool Yearbook, including individual state profiles and maps, graphs, and state rankings, can be found at www.nieer.org.

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Leaders to Gather at African American History Museum for Voting Rights Call to Action

BLACKPRESSUSA—Rep. Jonathan L. Jackson, Bishop William J. Barber II, and a coalition of congressional, faith, and civil rights leaders gather Tuesday outside the National Museum of African American History and Culture, days after founding director Lonnie G. Bunch III announced his retirement. March On for Freedom 2026 National GOTV Bus Tour launches ahead of the 2026 midterms.

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WASHINGTON — Rep. Jonathan L. Jackson, D-Ill., Bishop William J. Barber II, and a coalition of congressional, faith, and civil rights leaders are scheduled to gather Tuesday outside the National Museum of African American History and Culture for a National Voter Registration Day event and to launch a national get-out-the-vote bus tour.
The September 15 gathering comes a week after Lonnie G. Bunch III, the museum’s founding director and the first Black person to serve as secretary of the Smithsonian Institution, announced his retirement. Organizers say participants will recognize Bunch’s work while calling attention to what they describe as an ongoing struggle over how Black history is preserved and presented.
The event runs from 1 to 3 p.m. on the grounds outside the museum, 1400 Constitution Ave. NW.
Organizers argue that the history preserved inside the museum cannot be separated from the fight to secure and protect the ballot, a line running from emancipation and Reconstruction through Jim Crow, the Civil Rights Movement, and the passage of the Voting Rights Act.
The gathering also marks the launch of the March On for Freedom 2026 National GOTV Bus Tour, a voter registration and mobilization campaign organized by the Registration Nation Action Fund and national partners. Andrea Pringle, the fund’s founder and CEO, is expected to join Jackson and Barber on Tuesday, along with clergy, civil rights advocates, labor leaders, and voting rights organizers. Additional members of Congress will be announced.
Starting in the nation’s capital during the 55th Annual Legislative Conference, the tour will travel across the South ahead of the November midterms. Stops include HBCUs, churches, and communities where organizers plan to register voters and provide information about early voting, voter protection, and Election Day participation. Media is asked to RSVP HERE to attend.
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Port of Oakland, Army Corps Sign Historic Harbor Design Agreement

OAKLAND POST — Oakland Port Commission President Stephanie Dominguez Walton called the agreement a historic milestone that will support thousands of jobs. “Today marks a historic occasion for the Port as we sign the inaugural Design Agreement for the Turning Basin Widening Project, which will keep Oakland competitive,” said Walton.

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The U.S. Army Corps of Engineers (USACE) San Francisco District and the Port of Oakland commemorated the signing of the inaugural Design Agreement for the Oakland Harbor Turning Basins Widening Project during a ceremony aboard the USS Potomac at Jack London Square. (L-R) Major General Jason Kelly, USACE Deputy Commanding General for Civil and Emergency Operations, Oakland City Councilmember Carroll Fife D-3, Oakland Mayor Barbara Lee, Oakland Port Commission President Stephanie Dominguez Walton, Alameda Mayor Marilyn Ezzy Ashcraft, Port of Oakland Executive Director Kristi McKenney, U.S. Representative Congresswoman Lateefah Simon D-12, Lt. Col. Virginia Brickner, and commander of the USACE San Francisco District. Photo by Carla Thomas.
The U.S. Army Corps of Engineers (USACE) San Francisco District and the Port of Oakland commemorated the signing of the inaugural Design Agreement for the Oakland Harbor Turning Basins Widening Project during a ceremony aboard the USS Potomac at Jack London Square. (L-R) Major General Jason Kelly, USACE Deputy Commanding General for Civil and Emergency Operations, Oakland City Councilmember Carroll Fife D-3, Oakland Mayor Barbara Lee, Oakland Port Commission President Stephanie Dominguez Walton, Alameda Mayor Marilyn Ezzy Ashcraft, Port of Oakland Executive Director Kristi McKenney, U.S. Representative Congresswoman Lateefah Simon D-12, Lt. Col. Virginia Brickner, and commander of the USACE San Francisco District. Photo by Carla Thomas.

A $642 million project designed to accommodate larger cargo ships and strengthen the Port of Oakland’s position as a major Pacific trade gateway moved a significant step closer to construction on Aug. 27.

The U.S. Army Corps of Engineers (USACE) San Francisco District and the Port of Oakland commemorated the signing of the inaugural Design Agreement for the Oakland Harbor Turning Basins Widening Projectduring a ceremony aboard the USS Potomac, the presidential yacht once used by President Franklin D. Roosevelt.

The project will widen the Port’s Inner and Outer Harbor turning basins, allowing today’s increasingly larger and longer vessels more space to safely maneuver and turn around. The current basins are narrow, creating delays and operational inefficiencies.

Oakland Port Commission President Stephanie Dominguez Walton called the agreement a historic milestone that will support thousands of jobs.

“Today marks a historic occasion for the Port as we sign the inaugural Design Agreement for the Turning Basin Widening Project, which will keep Oakland competitive,” said Walton.

The agreement advances the project into its preconstruction engineering and design phase following years of planning and collaboration.

Lt. Col. Virginia Brickner, commander of the USACE San Francisco District, said the signing represented tangible progress toward construction.

“We are moving forward. We are showing progress,” Brickner said.

Major General Jason Kelly, USACE Deputy Commanding General for Civil and Emergency Operations, said dredging is critical for maritime dominance, supply chains, and economic competitiveness.

“Dredging sustains our national economic infrastructure,” he said. “The future demands more, the taxpayer deserves more, and together we’re going to deliver.”

For U.S. Representative Congresswoman Lateefah Simon (D-CA-12), the Port project will support jobs beyond its completion. “This will impact workers and businesses, and every shipping container represents multiple jobs.”

Oakland Mayor Barbara Lee described Oakland as a gateway to international markets and spoke on earlier efforts to deepen Oakland’s shipping channel to 50 feet. While serving in the California Legislature, Lee helped bring together labor, business, environmental advocates and Port officials to resolve disputes surrounding dredging and environmental protections.

“We want the Port to remain competitive economically,” Lee said, excited about both protecting the environment and generating sustainable jobs in the region. “We want to make sure that we create good-paying union jobs, and that the Port continues to not just survive, but thrive.”

Port of Oakland Executive Director Kristi McKenney said economic growth is dependent on investments in the Oakland Harbor’s infrastructure.

“This investment and staying competitive will fuel our economy for years to come,” said McKenney.

The Port of Oakland, with its partners, supports more than 98,000 regional jobs and $174 billion in annual economic activity. The Port oversees the Oakland Seaport, the Oakland San Francisco Bay Airport (OAK), and nearly 20 miles of waterfront, including Jack London Square.

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Democratic Clubs Interview Candidates for Oakland School Board

OAKLAND POST — For the first time, the interviews were jointly sponsored by the John George Democratic Club, Wellstone Democratic Renewal Club, Oakland East Bay Democratic Club, Black Women Organized for Political Action (BWOPA), Niagara Democratic Club, Block by Block Organizing Network and Oakland African American Chamber of Commerce.

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(L-R) Sylvia Williams, Mike Hutchinson, Kathryn Camp
(L-R) Sylvia Williams, Mike Hutchinson, Kathryn Camp

Local Democratic clubs and community organizations interviewed candidates running for Oakland school board in the November elections, including incumbents Jennifer Brouhard in District 2, Mike Hutchinson in District 4 and Valarie Bachelor in District 6.

For the first time, the interviews were jointly sponsored by the John George Democratic Club, Wellstone Democratic Renewal Club, Oakland East Bay Democratic Club, Black Women Organized for Political Action (BWOPA), Niagara Democratic Club, Block by Block Organizing Network and Oakland African American Chamber of Commerce.

The Democratic clubs interviewed only registered Democrats.

John George and Wellstone endorsed Brouhard and Bachelor. Neither endorsed Hutchinson.

In District 4, Wellstone ranked Sylvia Pfeiffer Williams first and Kathryn Camp second. John George ranked Camp first and Williams second.

Hutchinson, an Oakland native and Oakland public schools graduate, highlighted his record.

“I was in board leadership and chaired the Budget and Finance Committee,” he said. “We passed balanced budgets and paid off the state loan early, which allowed us to finally leave state receivership after 22 years.”

Hutchinson said the district faces a financial crisis requiring changes in board leadership and district policies.

“We need a different majority so we can get back on track, end school closures, and manage our resources better,” he said.

Williams taught adult education in Oakland for 18 years.

Williams said her philosophy “comes from the disability justice world, to center the needs of the most vulnerable. When we center the needs of the most vulnerable, we create environments, systems, and learning experiences in which everyone can thrive.”

Williams framed potential school closures as an equity issue.

“Are we thinking about closing schools up in the hills?” she asked. “Or are we thinking about closing schools where communities are in crisis right now?”

Camp, a Bay Area native and Oakland resident of 25 years, has a son in second grade.

“Our kids are only getting one shot at a great education, and I’m running to bring pragmatic, student-centered leadership that restores trust, builds responsibility, and delivers results for every child,” she said.

On her website, Camp pledged accountability and transparency. “As a proud OUSD parent, I know our schools need more than promises – they need fiscal responsibility, equity, and meaningful action guided by long-term strategy,” she said.

“That means protecting classrooms, supporting teachers, using resources wisely, and making decisions that reflect clear priorities and real accountability,” said Camp. “It also means bringing people together and providing the kind of steady leadership that can navigate complex systems, ask hard questions, and stay grounded in what matters most: student outcomes, thriving schools, and a district that works for the communities it serves.”

Wellstone’s Education Committee said it opposed Hutchinson because he frequently challenged the board majority and superintendent.

“He also claims that the teachers’ contract is illegal that a grand jury should be called. He is not endorsed by the teachers’ union; he has been disruptive and non-collaborative at meetings,” and he has been absent 26% of the time, the committee said.

“He claims that the teachers’ contract is illegal and that a grand jury should be called,” the committee said. “He takes individual credit for accomplishments, including paying the state loan, when in fact these changes came from the work of the entire board, or were the result of following through on policy.”

Next week: District 6 school board candidates.

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D.A. Ursula Jones Dickson: Terminix to Pay $3.15 Million Over Illegal Disposal of Pesticides, Customer Records

OAKLAND POST — District attorney investigators examining Terminix facilities throughout California between 2021 and 2024 found hundreds of pesticides and other hazardous-waste items that had allegedly been disposed of unlawfully, according to Jones Dickson’s office.

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Alameda County District Attorney Ursula Jones Dickson. File photo.
Alameda County District Attorney Ursula Jones Dickson. File photo.

Alameda County District Attorney Ursula Jones Dickson announced a $3.15 million settlement with Terminix International Inc. and Rentokil North America Inc. over allegations that the pest control companies illegally disposed of pesticides and hazardous waste and mishandled confidential customer records.

The settlement was reached by Jones Dickson, 28 other California district attorneys and the Los Angeles city attorney. The companies are collectively identified as Terminix in the settlement.

District attorney investigators examining Terminix facilities throughout California between 2021 and 2024 found hundreds of pesticides and other hazardous-waste items that had allegedly been disposed of unlawfully, according to Jones Dickson’s office.

The investigation also found instances in which Terminix allegedly failed to properly manage and dispose of private customer records, violating California laws intended to protect confidential consumer information.

Terminix cooperated with prosecutors after being notified of the alleged violations, the district attorney’s office said. As part of the settlement, the company agreed to strengthen its policies and procedures governing the handling and disposal of pesticides, hazardous materials and customer records.

The new requirements are intended to prevent prohibited waste from being placed in ordinary trash receptacles or sent to facilities not authorized to receive it. Terminix must also improve safeguards for confidential customer information before records are discarded.

Terminix operates five Alameda County locations under the Terminix and Western Exterminator Company names. The facilities are located in Hayward, Pleasanton and Union City.

Alameda County will receive $160,000 from the statewide settlement for civil penalties and reimbursement of investigative costs.

The agreement resolves the prosecutors’ claims against the companies and requires Terminix to maintain stronger waste-management and privacy protections at its California operations.

Jones Dickson announced the settlement Sept. 4.

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Election Watch 2026: 85% of Eligible Voters in California Are Registered

OAKLAND POST — Independent voters could be an important group to watch during the 2026 election cycle. Independent likely voters are more likely to lean Democratic, although many do not favor either major party or remain unsure.

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iStock.
iStock.

California enters the 2026 election cycle with a large pool of registered voters, as 85% of eligible adults were registered to vote as of May, according to a new report from the Public Policy Institute of California.

The report found that 23.2 million of California’s 27.3 million eligible adults were registered. Voter registration, political engagement and past voting habits will help shape turnout in the June statewide primary and November general election.

“Likely voters are registered voters who cast ballots regularly and are politically engaged,” researchers Mark Baldassare, Dean Bonner, Lauren Mora, and Deja Thomas stated in the report.

California’s likely voters generally lean Democratic. Democrats make up 46% of likely voters, while Republicans and independents make up the rest.

Independent voters could be an important group to watch during the 2026 election cycle. Independent likely voters are more likely to lean Democratic, although many do not favor either major party or remain unsure.

The report found that likely voters do not fully reflect California’s broader adult population. They tend to be older, more educated and more affluent.

Older Californians make up a larger share of likely voters, while younger adults are less likely to participate regularly in elections. Likely voters are also more likely to own their homes and have higher household incomes.

The racial makeup of the likely electorate differs from the state’s overall adult population as well. White Californians are overrepresented among likely voters, while Latino residents make up a smaller share of likely voters than they do of the state’s adult population. Black Californians make up 6% of likely voters, slightly than their share of the state’s total population.

The researchers said voter enthusiasm and past voting habits have played an important role in determining who participates in California elections.



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