ILNews

Law professor not named as recess appointment

Back to TopCommentsE-mailPrintBookmark and Share

A Bloomington law professor tapped for a leading Department of Justice job wasn't among those included in recess appointments during the weekend by President Barack Obama, but the administration hopes that she'll soon be considered for a full Senate vote.

On Saturday, the White House named 15 individuals by recess appointment, which allows the president to circumvent the full Senate confirmation process typically required and fill a position temporarily until the end of the Congressional session or until a vote happens.

"The United States Senate has the responsibility to approve or disapprove of my nominees" to administration posts, Obama said in a written statement that also named the 15 individuals. "But if, in the interest of scoring political points, Republicans in the Senate refuse to exercise that responsibility, I must act in the interest of the American people and exercise my authority to fill these positions on an interim basis. I simply cannot allow partisan politics to stand in the way of the basic functioning of government."

Not on that list was Dawn Johnsen, the Indiana University Maurer School of Law - Bloomington professor who's become a controversial nominee chosen to lead the Office of Legal Counsel. The president first nominated her in February 2009, but after getting a partisan support from the Senate Judiciary Committee her nomination languished and eventually died without a vote by the full Senate. Her nomination was resubmitted in January, and a second partisan vote in early March sent her name to the full Senate for consideration. The Senate didn't schedule her for a vote before going on its two-week recess at the end of last week.

While not included on the recess appointment list, a White House official who spoke on the condition of anonymity said future recess appointments could be possible if the Senate doesn't move more quickly once it returns April 12.

"Of the 77 people on the calendar, we are only recess appointing 15, and there are a number of qualified individuals the president has nominated that do not fall in this group," the official wrote in an e-mail to Indiana Lawyer. "If the Republicans do not end their campaign of obstruction, the president reserves the option of exerting his authority to recess appoint qualified individuals in the future, but our hope is that we can move beyond the partisan politics that have held up the process for the last 15 months for the good of the American people."

Johnsen served as acting assistant attorney general in the OLC during the Clinton administration. But she has drawn Republican opposition because of her criticisms of the OLC during George W. Bush's administration and generally because of her positions on terrorism, executive power, and abortion issues. She's received opposition from pro-life organizations for her work with NARAL Pro-Choice America from 1988 to 1993.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

ADVERTISEMENT