Chief Judge David Sentelle

Court sends Obama back to the drawing board.

It’s been so long since Obama lost something I was beginning to forget what it looked like.

In a reminder that just because the Senate is a dysfunctional band of elderly people doesn’t mean you can put them in a home and wait for them to die, the U.S. Court of Appeals for the D.C. Circuit knocked down some of the president’s recess appointments.

In January 2012, Obama made some recess appointments to the National Labor Relations Board when the Senate wasn’t really in recess. The D.C. Circuit today says that he can’t do that.

Which might, you know, throw out a year’s worth of NLRB work. And it might be bad precedent for the big recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau…

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Last month, we reported on the continued unraveling of the Law Clerk Hiring Plan (hereinafter “the Plan”). We cited, as evidence, the recent announcement by Georgetown University Law Center that it would be diverging in certain respects from the Plan.

Now another top law school — a top, top law school, one that sends many of its graduates into clerkships — has joined Georgetown in departing from the Plan. And the school’s dean has offered a full-throated defense of the decision to diverge.

Which school are we talking about? And is its argument persuasive?

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